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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for five years.
Reasons
1. The sentence imposed by the court below (six years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine the grounds for appeal by the defendant before determining ex officio.
According to the records, the defendant was sentenced to one year and eight months of imprisonment for a crime of fraud at the Daejeon District Court on March 9, 2007, and on May 16, 2008, after the execution of the sentence was completed on May 16, 2008, it can be recognized that he committed a crime of fraud against the victim BC in the judgment of the court below 2016 Highest 6723 case, and within three years thereafter, the court below omitted the above crime.
Since the above crime and the other crimes in the judgment of the court below against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be sentenced simultaneously pursuant to Article 38 (1) of the Criminal Act, and the judgment of the court below cannot be maintained as they are.
3. As such, the part of the judgment of the court below, except the part of the compensation order, is reversed, and the following is determined through the pleading, without examining the defendant's unfair argument of sentencing, pursuant to Article 364 (2) of the Criminal Procedure Act.
【At the end of 2016 High Order 6723, the summary of the evidence is as follows: (a) except where “1. previous convictions in the judgment, such as criminal history, and a written reply to inquiry (A), and a report on investigation (Attachment to the indictment for case of suspect)” is added to the end of 2016 High Order 6723, the summary of the evidence is identical to the corresponding column of the judgment of the court below. Therefore, it is cited as it is 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 of fraud in the judgment of the court below 2016 order 5468 order), each of the crimes against victim BC in the judgment of the court below, 2016 order 6723 order)
1. The former part of Article 37 of the Criminal Code, and Article 38.