사기등
The remainder of the original judgment and the second original judgment, excluding the compensation order, shall be reversed respectively.
Defendant .
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and six months, and the second instance: imprisonment for a year and six months; confiscation) of the lower court is too unreasonable;
2. Ex officio determination
A. Prior to the judgment on the grounds of appeal by public notice, the court of first instance ex officio and the record reveals that prior to the judgment on the grounds of appeal by public notice, the court of first instance shall serve a writ of summons, etc. of the defendant on the method of service by public notice, and shall not serve the defendant's address (Scheon City Z) recorded in the record in the process of rendering the judgment and rendering the judgment by amending it without the attendance of the defendant, but may recognize the fact that the defendant did not attempt to contact the defendant by public notice. Thus,
In this respect, the first judgment cannot be maintained as it is.
B. In addition to the consolidation of cases, the court of first and second trials concurrently deliberated on the defendant's appeal cases, and the first and second judgments should be punished as a single sentence within the term or amount of punishment for concurrent crimes under Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below is no longer maintained in this respect.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and the remaining parts except the compensation order part among the judgment of the court of first instance and the judgment of the court of second instance are reversed, and it is again decided as follows through the pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “1. Defendant’s current trial statement” to the summary of the evidence in the first instance judgment, and thus, it is identical to each corresponding column of the lower judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Criminal facts;