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The judgment below
Part 1 and 3 of the judgment shall be reversed.
A person shall be punished by imprisonment with prison labor for a crime of Nos. 1 and 3.
Reasons
1. The summary of the grounds for appeal (the first and third crimes: imprisonment with prison labor for 8 months and the second crimes as decided: imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.
2. Determination
A. Upon ex officio determination, the records show that the defendant was released on January 30, 2008 and passed on February 5, 2008 while he was sentenced to imprisonment with prison labor on July 12, 2007 at the Busan District Court for fraud, etc., and was released on January 30, 2008 and was released on February 5, 2008. Thus, the crime No. 3 of the judgment of the court below constitutes a repeated crime. Since the court below omitted aggravation of repeated offense No. 3 of the judgment of the court below, the part of the judgment of the court below as to the crime No. 3 of the judgment of the court below
On the other hand, since the crime No. 3 of the judgment of the court below and No. 1 of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence is sentenced in the judgment of the court below, the part of the judgment
B. Although there are no circumstances to consider the Defendant’s assertion of unfair sentencing as to the allegation of unfair sentencing as to the second crime as to the crime in the judgment of the court below, such as the confession of this part of the crime and the Defendant’s violation of depth through confinement life, etc., the Defendant has several records of punishment for the same crime, the Defendant committed the above crime during the suspension period of execution due to fraud, balance with other similar cases and sentencing, and other circumstances on sentencing as to the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. as to the second crime in the judgment of the court below, it cannot be deemed unfair since the lower court’s punishment as to the second crime in the judgment of the court below
3. If so, the judgment of the court below on the first and third crimes in the judgment of the court below has grounds for ex officio reversal, and thus, the judgment on the defendant's assertion of unfair sentencing is omitted and Article 364 (2) of the Criminal Procedure Act is applied.