사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 1 year and 6 months and the second judgment: imprisonment with prison labor for 6 months) of the lower court is too unreasonable; and
2. Before determining the grounds for appeal by the Defendant’s ex officio, this Court tried to concurrently examine the appeal cases against the two original judgments, and each of the crimes in the holding of the original judgment is concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the lower judgment was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of each judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number), Article 232-2 of the Criminal Act, Articles 234 and 232-2 of the Criminal Act, Article 347 (1) of the Criminal Act (the point of uttering of a falsified electronic record), Article 355 (1) of the Criminal Act, Article 356 and Article 355 (1) of the Criminal Act, Article 329 of the Criminal Act, each of the following acts:
1. Articles 40 and 50 of the Criminal Act for Commercial Concurrent Crimes (a punishment imposed on a crime of violating each Resident Registration Act, between crimes of violating each Resident Registration Act, and between crimes of violating each resident Registration Act, and punishment imposed on a crime of violating any prior recording and deliberation with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the fact that the defendant's reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognize his/her mistake, and that the victim K and N agree with the victim are more favorable.