컴퓨터등사용사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The gist of the grounds for appeal (see, e.g., Supreme Court Decision 2017Do6699, Jul. 11, 2017) is that the lower court’s punishment (one year and four months of imprisonment) is too unreasonable, and thus, is unreasonable.
2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
According to the records of this case, the Defendant, at the Daegu District Court on April 4, 2019, sentenced imprisonment for eight months, suspension of execution two years, community service, 80 hours, and imprisonment for six months, suspension of execution two years, and forty hours for attending each of the above judgments on July 3, 2019 at the Daegu District Court on July 26, 2019.
According to the above facts of recognition, each crime of the judgment and each of the above crimes for which judgment has become final and conclusive shall be sentenced to punishment for each crime in consideration of equity in the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act.
In this respect, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again ruled as follows.
[C] The summary of the facts constituting a crime and evidence admitted by this court is as stated in the first head of the judgment of the court below, with the exception that "the defendant added to the first head of the judgment of the Daegu District Court on April 4, 2019 the imprisonment for eight months, the suspension of execution two years, community service hours, 80 hours, and the Daegu District Court on July 26, 2019, who was sentenced to imprisonment for six months, the suspension of execution two years, and forty hours for taking 40 hours as a result of indecent act by force on military personnel, etc., and each of the above judgments became final and conclusive on August 3, 2019."