사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. Each sentence of the lower court on the grounds of appeal (No. 1: imprisonment with prison labor for one year and four months, and imprisonment with prison labor for three months) is too unreasonable.
2. The decision on the grounds for appeal by the defendant shall be considered ex officio.
Article 38(1) of the Criminal Act provides that the first and second original courts shall have completed a separate hearing of each of the crimes of the defendants, and subsequently sentenced the defendant to the above punishment. The defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings of the above appeal cases. Each of the crimes of the judgment below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and one of the crimes of the judgment below against the defendant should be sentenced within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below
3. The judgment of the court below, on the grounds that there are grounds for reversal as seen above, is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the choice of imprisonment), Article 330 of the Criminal Act (the occupation of larceny by intrusion by night room), Article 329 of the Criminal Act (the intention of Section 329), Articles 342 and 329 of the Criminal Act (the occupation of attempted larceny and the choice of imprisonment) of the Criminal Act concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are all acknowledged, and the amount of damage is not significant. However, the defendant has been punished several times for the same crime.