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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in terms of the punishment of the first instance judgment (in prison labor for 8 months) and the punishment of the second instance judgment (in prison labor for 2 months) against the accused.
2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crimes of the court Nos. 1 and 2 with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed in entirety without examining the defendant's unfair argument of sentencing since the above reasons for reversal exist, and it is again decided as follows after the pleading.
Criminal facts
The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, the choice of punishment for an offense, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 of the Criminal Act (the fraud), Article 70 (1) 3 (the use of stolen credit cards), Article 70 (1) 3 (the use of stolen credit cards), and the choice of imprisonment, respectively;
1. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence as set forth in the Disposition is determined by comprehensively taking account of the following factors: (a) the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act was not recovered at all; (b) the Defendant did not agree with the victims; (c) the Defendant was punished for the same kind of crime; (d) the Defendant was fully aware of and reflects the criminal facts; and (e) the total amount of damage remains more than 2.5 million won.