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All appeals by the defendant against the judgment of the court below Nos. 1 and 2 are dismissed.
Reasons
1. Summary of grounds for appeal;
(a) The punishment of the first instance judgment (one year of imprisonment) which was unfair in sentencing is too unreasonable;
B. As to the judgment of the first instance court on mental and physical weakness, the Defendant was in a state of mental and physical weakness while under the influence of alcohol at the time of each crime, but the judgment of the first instance that did not consider this point is unreasonable.
(c)
In relation to the second judgment of the court below, since the defendant paid the drinking value of the legitimate amount at that time, there was a criminal intent to obtain fraud by the defendant.
subsection (b) of this section.
2. As to the judgment of the court below Nos. 1 and 2, the defendant filed an appeal respectively, and this court decided to hold a joint hearing of the above two appeals cases.
However, the Defendant was sentenced to eight months of imprisonment with labor by the Daegu District Court on January 16, 2015, and the said judgment becomes final and conclusive on March 16, 2015. The date and time of the crime in the judgment of the first instance is July 26, 2015; July 27, 2015; August 1, 2015; and August 13, 2015; and the same shall be August 14, 2015; the same shall be August 14, 2015; the same shall be August 25, 2015; the same shall be September 3, 2015; the date and time of the crime in the judgment of the lower court became final and conclusive; while the crime in the judgment of the second instance is a concurrent crime with Article 32 of the Criminal Act after the said judgment became final and conclusive on September 27, 2015 (the date and time of the crime in the judgment of the lower court becomes final and conclusive.
From the perspective of the latter part of Article 37 of the Criminal Act, Article 39(1) applies), and the facts constituting the crime of the first instance judgment and the crime of the second instance judgment are not in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, separate sentences should be imposed. Thus, the judgment of the court below should not be reversed ex officio for this reason, notwithstanding the above consolidation decision.
Therefore, the reasons for appeal against the judgment below are separately examined.
A. Determination of the grounds for appeal against the judgment of the court below of first instance on the grounds of appeal 1) The judgment on the argument of mental and physical weakness is based on the evidence duly adopted and examined by the first instance court and the first instance court.