사기등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for three years.
1. The summary of the grounds for appeal (unfair sentencing) each of the original judgments (the first instance court: imprisonment with prison labor for one year and six months, and the second instance court: two years) is too unreasonable.
2. The judgment of the court below ex officio decided to hold a joint hearing of each appeal case against the defendant.
Each crime of the judgment of the court below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be sentenced simultaneously in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about the sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the fraud point), Articles 352, 350(1) (the attempted crime) of the Criminal Act, Article 329 of the Criminal Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 21(1) of the Act on the Punishment of Acts, Including Arrangement of Commercial Sex Acts, Etc. (the point of fraud), Articles 352 and 350(1) of the Criminal Act, Article 329 of the same Act, Article 152 Subparag. 1 and 43 of the Road Traffic Act, Article 21 of the Act on the Punishment of Acts, Including
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a victim C with the largest punishment and punishment) of the Act on the Aggravated Punishment of Concurrent Crimes (an aggravated punishment for concurrent crimes stipulated in the crime of fraud against the victim C) was that the Defendant defrauded KRW 50,000,000,000, who was parked on the road, stolen the vehicle by driving the frozen tower parked on the road, and drive the said freezing tower without a license.
In addition, the defendant stolens high-priced car, BMW car and mobile phone, and took a cryp model at an entertainment shop, and conducted sexual traffic.