사기등
1. All the judgment below is reversed.
2. Of the lower judgment of the first and second lower judgment and the third judgment, the Defendant [Attachment 2019 order37].
1. Summary of grounds for appeal;
A. Defendant: The sentence imposed by the lower court on the Defendant [Article 1: 3 years of imprisonment, and Article 2: Imprisonment with prison labor for February, and Article 3: Imprisonment for January, and Article 3 of the lower judgment [Article 2019 order37] is too unreasonable.
B. Prosecutor: Regarding the judgment of the court below of the third instance, the sentence imposed by the court below on the defendant is too unfasible and unfair.
2. The Defendant, ex officio, filed an appeal against the judgment of the court below Nos. 1, 2, and 3, and the prosecutor filed an appeal against the judgment of the court below of the court below.
In addition, the trial court decided to combine each of the above appeals cases with one another.
As long as the facts constituting the crime of each of the above judgment below except for the facts constituting the crime are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below shall be rendered concurrently and a single sentence shall be sentenced. Thus, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the above ex officio reversal grounds.
[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 347(1)(Fraud), Article 3(1), proviso of Article 3(2)7 of the Criminal Act, Article 268 of the Criminal Act, Article 151 of the Road Traffic Act, Article 152 subparag. 1 and Article 43 of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents.