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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the respective punishment sentenced by the original court against the defendant (the first original judgment: imprisonment of 1 year and 6 months, and the second original judgment: imprisonment of 3 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. The case of this court of second instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single punishment within the scope of the term of punishment for aggravated concurrent crimes
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act (Fraud point), Article 347-2 of the Criminal Act, and the choice of imprisonment with prison labor for each type of crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act recognizes the defendant's mistake, and the fact that the defendant has been punished several times due to the same kind of crime, such as the restoration of damage to some victims, and the fact that the defendant has been punished several times due to the same kind of crime. The defendant does not reflect during the repeated crime period and commits the same kind of crime.