사기등
Of the judgment of the court below of first instance, the part against Defendant A and the judgment of the court below No. 2 shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor of one year and eight months.
1. Summary of grounds for appeal;
A. The first original adjudication decision against the prosecutor’s defendants (defendant A: one year of imprisonment; one year and eight months of imprisonment) is too unfasible and unfair.
B. Defendants (1) Defendant A: The punishment of the first instance judgment on Defendant A and the punishment of the second instance judgment on Defendant A (one hundred months of imprisonment) are too unreasonable.
(2) Defendant B: The type of the first instance judgment decision against Defendant B is too unreasonable.
2. Determination
A. Defendant B, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) the benefit gained by participating in the instant offenses is not so significant; and (c) the benefit gained by participating in the instant offenses is of the same kind as favorable circumstances, such as the fact that there is a minor damage to special larceny; and (d) the risk of harm to the Defendant itself and the fact that there is a significant damage to the commission of the instant offenses; and (e) taking account of the unfavorable circumstances, such as equity with the instant similar cases and the age, sexual conduct, intelligence and environment of the Defendant; and (e) the background leading up to the instant offense; (b) the process leading up to the instant offense; and (c) the method and method of the commission of the offense; and (d) the circumstances after the commission of the offense, the Prosecutor and Defendant B’
B. Prior to the judgment on the grounds of appeal as to Defendant A’s unfair sentencing committed by Defendant A and the Prosecutor, the appeal case for the first and second judgment against Defendant A was consolidated. Each of the crimes in the first and second judgment in the first instance court is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, a single sentence should be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, each of the judgment below cannot be maintained.
3. According to the conclusion, the Prosecutor’s appeal against Defendant B and the appeal against Defendant B are dismissed for all of the grounds, and the judgment below against Defendant A is reversed ex officio, and thus, the sentencing of Defendant A and the Prosecutor is unfair.