사기등
Each judgment of the second and fourth court shall be reversed.
Defendant shall be punished by imprisonment for each crime of the judgment of the second instance and the fourth instance.
1. The summary of the grounds for appeal (the first instance court: the second instance court; the second instance court; the imprisonment for six months; the suspension of execution for two years; the community service for 120 hours; the third instance court; the fine for five million won: the imprisonment for ten months; the suspension of execution for two years; and the community service for 120 hours) are too unreasonable;
2. Determination
A. Before determining the grounds for appeal by the Defendant’s ex officio, prior to rendering a judgment on the grounds for appeal by authority, the Defendant filed an appeal against each of the lower judgment and tried by combining the lower judgment in the trial. On February 27, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution by fraud, etc. at the Suwon District Court on February 27, 2013, and the judgment became final and conclusive on February 27, 2013, and the crime of KRW 2 and KRW 4 of the lower court was committed before the said judgment became final and conclusive. As such, in the concurrent crimes under the former part of Article 37 of the Criminal Act, the Defendant should be punished as a single sentence within the term or amount subject to aggravated punishment under
Therefore, the judgment of the second and fourth court is no longer maintained in this respect.
(On the other hand, the judgment of the court of first instance is a crime committed after the above judgment became final and conclusive, and is not in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act with the crime of the judgment of the court of first instance which was sentenced to a fine, and is in the relation of concurrent crimes under the former part of Article 37 of the Criminal Act with the crime of the judgment of the court of second instance and the judgment of the court of fourth instance. However, according to the principle of prohibition of disadvantageous change, the crime of the judgment of the court of first instance cannot be punished as a single sentence with the crime of the judgment of the court of second instance and the judgment of the court of second instance, since the judgment of the court of first instance and the judgment of the court of
The defendant's assertion of unfair sentencing against the judgment of the first instance court is confessioned and against the defendant, the amount of damage to the crime of the judgment of the first instance court is not relatively significant, the defendant's agreement with the victimJ, and the year 2013.