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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than three years and six months.
An application for compensation order by an applicant for compensation.
Reasons
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for 2 years and 6 months, and the second judgment: imprisonment for 3 years and 6 months) of the judgment below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first and second court sentenced the defendant to two years and six months of imprisonment with prison labor for the former, and three years and six months for the latter, respectively, and the defendant filed an appeal against each of the above decisions, and the court of the first instance decided to hold concurrent hearings. Each of the offenses against the defendant shall be sentenced to a single sentence 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, since each offense against the defendant is concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below against the defendant shall be sentenced to a single sentence. In this regard, all of the
In addition, the prosecutor changed from the trial of the case [201 order 210] to the effect that "a person makes a false statement to the effect that he/she would offer it as a collateral. Then, he/she would pay the money within the number of days" among the facts charged in the case 2. 7 of the 201 order / [3rd order 201 order / [3rd order 13 of the first order judgment], and changed to the effect that "a person makes a false statement to the effect that he/she would offer it as a collateral."
It shall be repaid on the date of extension.
‘Falsely Purposeed’
The judgment of the court below was no longer maintained in this regard, as the amendment of indictment was permitted to be changed to the indictment, and this court permitted it and changed to be tried.
3. Accordingly, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and it is again decided as follows.
Criminal facts
The Court shall have jurisdiction over the summary of the evidence and evidence.