사기
1. Each part of the judgment of the court below, excluding the compensation order, shall be reversed.
2. One year of imprisonment with prison labor for Defendant A.
1. The summary of the grounds for appeal is too unreasonable that the sentence (the first instance court's decision), imprisonment with prison labor for one year and six months (the first instance court's decision), imprisonment for four months (the third party's decision), imprisonment with prison labor for one year and two months (the second instance court's decision), and imprisonment for two months (the third party's decision) for the Defendants are too unreasonable.
2. Defendant A filed each appeal against the judgment of the court below in the first and third cases, and Defendant R filed each appeal against the judgment of the court below in the second and third cases.
In addition, the trial court decided to combine each of the above appeals cases with one another.
As long as the facts charged by the judgment below are concurrent crimes under the former part of Article 37 of the Criminal Act, they should be judged at the same time and sentenced to a single punishment, so the judgment of the court below cannot be maintained further.
3. Accordingly, the judgment of the court below is reversed without examining the defendants' assertion of unfair sentencing, and the remaining parts of the judgment below except the compensation order portion among the judgment below under Article 364 (2) of the Criminal Procedure Act are reversed, and it is again decided as follows through the pleading.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A: Article 347(1) of the Criminal Act (including Article 30 of the Criminal Act with respect to fraud committed jointly with Defendant R) and choice of imprisonment
B. Defendant R: Article 347(1) of each Criminal Code (including Article 30 of the Criminal Code with respect to fraud and fraud committed jointly with Defendant A); Article 87(3) of the Military Service Act (the charge of attempted draft physical examination); Articles 87(3) of the Military Service Act (the charge of attempted draft physical examination); and choice of imprisonment with labor for
1. Defendant A among repeated crimes: Article 35 of the Criminal Act;
1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act
1. Orders for compensation and provisional execution;