사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine for 6,00,000 won.
The above fine shall be imposed on the defendant.
1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The principle of prohibition of disadvantageous alteration is to guarantee the defendant's right to appeal or right to request a formal trial against a summary order. In the above case of a higher court or a formal trial case appealed only for the defendant or for the defendant, the court shall not sentence more severe punishment than that already sentenced or notified to the same criminal facts. In determining whether a sentence disadvantageous to the defendant pronounced is changed, the severity of the punishment under the Criminal Act shall be determined on the basis of one-half basis. In addition, in light of the whole order such as concurrent punishment, additional punishment, suspended execution, total number of days of unconvicted detention, period of detention in the workhouse, etc., it shall be determined on the basis of substantial disadvantage to the defendant. Furthermore, in cases where the other cases for which the defendant requested an appeal or formal trial are joined and examined, and where the other cases are treated as concurrent crimes after the consolidation and examination of the above cases, it shall not simply compare the punishment sentenced or notified to the above case, and it shall be determined on the judgment of the court below as to whether the defendant is disadvantageous to the changed sentence (see Supreme Court Decision 20184Do2814, 2084,2081,24,24,20814,207.214,24,27