사기
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. The summary of the grounds for appeal (unfair sentencing) by the court below (the court below's judgment No. 1: imprisonment with prison labor for a year and September, and No. 2: imprisonment with prison labor for a year and one year) is too unreasonable.
2. Prior to the determination of the reasons for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold a joint hearing of each of the above appeals cases. Since each of the offenses of the judgment Nos. 1 and 2 is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.
【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes (as to each of the crimes indicated in the judgment below of the court below No. 1)
1. The grounds 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 are as follows: (a) the fact that the Defendant recognized and reflecteds the crime; (b) the agreement with the victim J; (c) partial recovery of damage; and (d) the fact that the Defendant’s health status is not good.
However, the defendant has already completed several times of punishment due to the same crime, some of the crimes of this case committed during the period of repeated crime due to the same kind of crime, and most of the damages have not been recovered, and the victim J.