사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, two years of community service, and one hundred and sixty hours of imprisonment) is deemed to be too uneasy and unfair in light of the overall sentencing conditions of the grounds for appeal.
2. Prior to the judgment on the assertion of unfair sentencing by the ex officio decision-making prosecutor, the judgment of the court below ex officio accepted the "attached Table of Crimes" in the crime (attached Form 5), but the court below committed an unlawful act that affected the conclusion of the judgment by omitting the attached Form and failing to specify the crime. The judgment of the court below cannot be maintained any more.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of facts and evidence recognized by this court is identical to the corresponding column of the original judgment, except for addition of the attached documents omitted in the original judgment, so all of them shall be cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment with labor), and Article 355(1) of the Criminal Act (the point of embezzlement and the choice of imprisonment with labor);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and the main sentence of Article 59(1) of the Act on Probation, etc. is committed by the Defendant by taking advantage of the status of the second class transaction and taking advantage of the status of the second class transaction for several times and taking advantage of the victim's vehicle or money, or by taking advantage of the victim's vehicle, or by taking advantage of the victim's vehicle without not notifying the victims of the price.