사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
The summary of the reasons for appeal is that the respective punishment of the court below (No. 1: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 3 months) is too unreasonable.
The second instance court’s sentence of the prosecutor is too unhued and unreasonable.
Before the judgment on the grounds for appeal ex officio is examined, the defendant filed each appeal against the judgment of the court of second instance against all the judgment of the court below, and this court decided to hold two appeals together.
Since each of the judgment below's crimes is concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed in entirety and it is again decided as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is as follows: Article 369 of the Criminal Procedure Act applies to the summary of facts constituting an offense and evidence as stated by this court; Article 369 of the Criminal Procedure Act, in addition to the case where the defendant's "Irrr" in the second page 4 of the judgment of the court below as "Irrrrrrr", and the defendant's "Irrrrrrr" in the second page 4 of the judgment of the court of first instance as stated in each corresponding column of the judgment of the court below.
Application of Statutes
Article 347(1) of the Criminal Act; Article 35 of the Act on the Punishment of Concurrent Crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Punishment of Concurrent Crimes, even though the defendant had been punished several times for the same crime, he/she repeatedly committed each of the crimes of this case under the same Act during the period of the same repeated crime despite the fact that the defendant had been punished several times for the same crime. Thus, the defendant's risk of repeating the crime is very high.
It appears that each of the crimes of this case is committed.