사기등
All judgment of the court below shall be reversed.
The defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for 1 year and imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.
2. The defendant filed an appeal against the judgment of the court below and decided to concurrently examine all the above appeal cases. Each of the offenses committed by the court below against the defendant is related to concurrent offenses under the former part of Article 37 of the Criminal Act, and a sentence should be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court, and the summary of the evidence, among the judgment of the court of first instance, are as follows: “The defendant was sentenced to four years of imprisonment with prison labor for habitual larceny, etc. in the Daegu District Court Kimcheon on November 1, 2016, and the judgment became final and conclusive on November 9, 2016.
“A previous conviction in the judgment of the court below” was added to “1. Before the end of the summary of the evidence”: “A bail for inquiry, such as criminal history, and the cotenet search results, and the text of the judgment”; “The Defendant was sentenced to four years of imprisonment with prison labor for habitual larceny, etc. in the Daegu District Court Kimcheon-cheon support on November 1, 2016, and the judgment became final and conclusive on November 9, 2016.
“A. Before the judgment, the summary of the evidence is as follows: 4.5 conducts in the column of evidence 4 and 5 “1. Before the judgment: on bail, such as criminal experience, etc., and on the results of the search of the Komnetnet case, and the text of the judgment, the same shall apply to each corresponding column of the judgment of the court below.”
Application of Statutes
1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment