사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the reasons for appeal (unfair sentencing) of each of the original judgments (the first instance judgment: imprisonment with prison labor for one year and two months: imprisonment with prison labor for four months) is too unreasonable.
2. The appellate court, ex officio, decided to hold a joint hearing of each appeal case against the defendant by the lower court.
Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, a single punishment shall be imposed within the scope of the term of punishment for which concurrent crimes are aggravated by judgment pursuant to Article 38(1) of the Criminal Act.
In this respect, all judgment of the court below cannot be maintained as it is.
3. 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 argument of sentencing, and the judgment below is reversed in entirety, and the following is again decided after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 347(1) and Article 30 of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 234 of the Criminal Act, and Article 231 of the Criminal Act, the choice of imprisonment for each of the following reasons:
1. The following circumstances are the following: (a) repeatedly committed a crime against multiple victims during a considerable period of time for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes; (b) did not recover from damage even though the amount of damage was significant; and (c) the victims were punished by the Defendant.
However, considering the fact that the defendant is against the defendant as favorable circumstances, the punishment shall be determined as ordered in consideration of the defendant's age, environment, the background and details of the crime in this case, and the circumstances after the crime, etc., as stipulated in Article 51 of the Criminal Act.