사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. Prior to the judgment on the defendant's assertion of ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment below, and each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act and shall be sentenced to a single sentence pursuant to Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided following the oral argument as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 30 of the Criminal Act for the crime (excluding the criminal facts of the High Court Order 2299 and the criminal facts of the High Court Order 2012 High Court Order 2088);
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each sentence of imprisonment;
1. The punishment shall be determined as ordered in consideration of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, various conditions of the form of punishment as shown in the records and pleadings of this case, and the fact that the defendant is deeply divided;