The part of the judgment of the court of first instance concerning the defendant's case and the part concerning the third crime in the judgment of the court of second instance.

1. Summary of grounds for appeal;

A. The punishment of the lower court against the Defendant (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and 2: imprisonment with prison labor for 2 months and imprisonment with prison labor for 3 crimes as stated in the holding of the lower judgment) is too unreasonable.

B. The second instance court’s punishment against the Defendant by the Prosecutor is too unhued and unjust.

2. Determination

A. Ex officio determination [the part of the judgment of the court of first instance concerning the defendant's case and the part concerning the third crime in the judgment of the court of second instance] is examined as to the grounds for appeal by the defendant and prosecutor ex officio

As the judgment of the court of first instance and the judgment of the court of second instance against the defendant, the defendant was sentenced to each of the judgment of the court of second instance, and the prosecutor filed each appeal against the judgment of the court of second instance, and this court decided to hold the above two appeals together for examination.

Accordingly, each crime of the judgment of the court of first instance against the defendant and the third crime of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be sentenced under Article 38 (1) of the Criminal Act.

In this respect, the part of the judgment of the court of first instance concerning the defendant's case and the part concerning the third crime in the judgment of the court of second instance cannot be maintained as they are.

B. We examine the Defendant and the prosecutor’s assertion of unfair sentencing [the part concerning the first and second crimes in the judgment of the second instance] along with the Defendant and the prosecutor’s assertion.

The crime of this case by murdering the victim T by deceiving the defendant, thereby deceiving the victim 36,20,000 won in total, and 3,500,000 won in total, is recognized as an unfavorable condition to the defendant. In light of the content of the crime, it is deemed that the liability for the crime is heavy, and that the damage to the victim T is not recovered considerably.

However, the defendant made a confession of all of the crimes of this case and reflects the defendant's mistake in depth, and the defendant reached an agreement with the victim under the condition that the defendant reimburses the defendant after being discharged from the court, and the defendant has already become final and conclusive.