사기등
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
The summary of the grounds for appeal (unfair punishment) that the court below rendered (the first judgment: imprisonment with prison labor for a year and six months and the second judgment: imprisonment for a period of four months) is too unreasonable.
We examine ex officio the defendant's grounds for appeal prior to judgment.
This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the first and second lower judgment shall be reversed.
Therefore, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing since the grounds for ex officio reversal as seen earlier, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence of this case against the defendant is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The punishment provided for in applicable Articles 347(1) and 356 and 355(1) of the Criminal Act, and the choice of punishment for the crime, shall be punished by imprisonment, respectively;
1. From among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act reflects the defendant's mistake, the defendant has no criminal history, and the defendant's health status is not good.
However, it is unfavorable that the amount acquired by the defendant through each of the crimes of this case reaches 50 million won and embezzled is a large amount of 14,565 million won, and the victims failed to recover damage, and the victims want to punish the defendant.