사기등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
The defendant is against X, the applicant for compensation.
1. Each punishment (one and half years of imprisonment with prison labor, and six months of imprisonment with prison labor) that the judgment of the court below pronounced in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal in full against the whole of the judgment below, and the trial court decided to hold concurrent hearings of each of the above appeal cases. Since all of the above facts of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed, and the judgment of the court below cannot be maintained any more.
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 defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.
[Dao-written judgment] Criminal facts and summary of evidence against the defendant recognized by this court are as stated in each corresponding column of the judgment of the court below, since the summary of criminal facts and evidence in the judgment of the court of first instance is the same as stated in each corresponding column of the judgment of the court below in addition to the fact of the judgment of the court of second instance that "I will sell the account" in Part 3, 15 of the criminal facts of the court of first instance, and "I will sell the account" in Part 2, 16 of the judgment of the court of second instance as "I hold the FL"
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Resident Registration Act, Article 37 subparag. 10 of the Resident Registration Act, Article 347-2 of the Criminal Act, Article 71 subparag. 11, and Article 49 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc., and Selection of Imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Promotion of a lawsuit for compensation order;