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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than eight months.
Nos. 1 through 12, 17.
Reasons
1. Summary of grounds for appeal;
A. The punishment of each judgment of the court below against the defendant (No. 1: imprisonment with prison labor for August, confiscation, and imprisonment with prison labor for two months) is too unreasonable.
(b) The form of the first instance judgment on the Defendant by the Prosecutor is too unhued and unreasonable;
2. The judgment of the court below was rendered to the defendant ex officio, and the defendant appealed against each of the above judgment of the court below, and the prosecutor appealed against the judgment of the court of first instance, and the court decided to consolidate the appeal cases against each of the above judgment of the court of first instance.
Therefore, each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the unfair argument of sentencing by the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows after the pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347(1), 30 (a) and 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act (a point of acquisition of each access medium) of the Criminal Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of each of the Electronic Financial Transactions Act committed on the same day between violations of each of the Electronic Financial Transactions Act, and the punishment imposed on a violation of each of the Electronic Financial Transactions Act listed in the sequence higher than that set forth in the table of crimes set forth in the attached Form of the lower judgment);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Code, and Article 38.