사기등
All the judgment below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for two years and four months, and by imprisonment for two years, respectively.
1. The summary of the grounds for appeal is unreasonable because each sentence imposed by the court below on the Defendants (three years of imprisonment and confiscation) is too unreasonable.
2. We examine ex officio the Defendants’ grounds for appeal prior to the judgment on the grounds for appeal.
According to the records, the judgment of the court below (2016dan4752) of the judgment of the court below is that the crime listed in the [2016dan4752] No. 4 of the annexed crime list of the case (the fraud against the victim S) is identical to the crime listed in the annexed crime list No. 9 of the case (the fraud against the victim S S of June 28, 2016) (the crime of June 2016) in the attached crime No. 9 of the case. < Amended by Presidential Decree No. 27424, Jul. 26, 2016; Presidential Decree No. 27552, Jul. 26, 2016; Presidential Decree No. 27555, Aug. 26, 2016>
If so, [2016 order 5655] The public prosecution against the crime listed in [Attachment 9] No. 9] of the case constitutes a case in which a public prosecution was instituted again for the case in which a public prosecution was instituted, and thus, a judgment dismissing public prosecution should be sentenced pursuant to Article 327 subparag. 3 of the
Nevertheless, the court below neglected this and found the Defendants guilty on this part. The court below erred by misapprehending the legal principles on double prosecution, which affected the conclusion of the judgment.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' assertion of unfair sentencing, and the judgment below is also reversed, and it is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the facts charged and the evidence admitted by the court is as follows: [2016Da5655] from among the facts charged in the case of the judgment of the court below in addition to the deletion of 9 parts of the attached list of crimes, since it is the same as the corresponding column of the judgment of the court
Application of Statutes
1. Articles 347(1), 30(Fraud) and 347(1), and 30(Fraud) of the Criminal Code for criminal facts.