사기등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Inspection of the gist of reasons for appeal: The punishment sentenced by the first instance court (six months of imprisonment and two years of suspended execution) shall be deemed too unhued and unreasonable;
Defendant
The punishment sentenced by the second instance (six months of imprisonment) is too unreasonable.
2. Before determining the grounds for appeal ex officio, the Defendant was sentenced by this Court on November 12, 2012 to six months of imprisonment with prison labor for a separate crime, and two years of suspended execution, which became final and conclusive on November 20, 2012, following the pronouncement of the first instance judgment. As such, the crime for which the judgment became final and conclusive is in the concurrent relationship between the crime of the lower court and the latter part of Article 37 of the Criminal Act, and the crime of which judgment becomes final and conclusive at the same time under Article 39(1) of the Criminal Act, after considering equity and considering whether to reduce or exempt the sentence, the first instance judgment, where such a measure is not taken, shall no longer be maintained.
In addition, this Court case No. 2012No3536, which is an appeal case against the judgment of the court of first instance, and this Court No. 2013No836, which is an appeal case against the judgment of the court of second instance, was consolidated in the proceedings of the first instance. Since each crime of the first and second judgment is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, it shall be sentenced to a single sentence within the scope of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below shall be reversed in its entirety.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, since there is a ground for ex officio reversal as above, and it is again decided as follows.
Criminal facts
[criminal power] On November 12, 2012, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Incheon District Court, and the above judgment became final and conclusive on November 20, 2012.
【Criminal Facts】
1. The charge of fraud (the first judgment) is a dental technician who works in C operated by D.
The Defendant is an employee of the Victim G Co., Ltd., a victim company run by F around April 30, 2012.