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The judgment below
Of the judgment of the court below, the case No. 2-B, 2018 Highest 3039, 2019 Highest 312, 2019 Highest 570, and 2019 Highest 613.
Reasons
1. The summary of the grounds for appeal (e.g., a two-year imprisonment and two-year imprisonment for each of the remaining crimes) of the lower court’s punishment (e.g., a three-month imprisonment and two-year imprisonment for each of the crimes in paragraphs 1 and 2-A. of the case No. 2019Da613, supra) is too unreasonable.
2. Determination
A. 2018 Highest 3039, 2019 Highest 312, 2019 Highest 570 and 2019 Highest 613-B, d.
An ex officio determination prosecutor on each part of the crimes in paragraphs (3) and (3) has reached the trial at the trial, and the part of the facts constituting the crime in the case 2019Kadan570 as indicated in the judgment of the court below was remitted to 80,770,000 won in total over 16 times in total, and deleted No. 6 of the list of crimes in the judgment of the court below, and applied for an amendment to the amendment to the indictment with the content that "80,700,000 won in total" was changed to "70,700,000 won in total at the bottom of the list of crimes in the judgment of the court below (the purport of withdrawing from the previous facts charged (the fraud with the victim N) related to the general crime)" and this Court was changed to the subject of the judgment by allowing it.
As above, the crime of fraud of the 2019 Godan570 case, the subject of the judgment, and the case No. 2-B, C, of the 2018 Godan3039, 2019 Godan312, and 2019 Godan613 decided in the lower judgment.
Each of the crimes in paragraphs (3) and (3) shall be sentenced to a single punishment within the scope of the term of punishment, which is subject to aggravated punishment in accordance with Article 38(1) of the Criminal Act, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, each of the above crimes in the judgment below has become
B. Determination of the Defendant’s assertion of unfair sentencing on each of the remaining crimes is based on the statutory penalty, and a discretionary determination is made within reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing under Article 51 of the Criminal Act, based on the statutory penalty.
However, the sentencing of the first instance court, which is respected under the trial-oriented principle and the direct principle taken by our criminal procedure law, is unique.