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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Reasons
1. Each sentence sentenced to the first and second depths of the grounds for appeal (unfair sentencing: imprisonment with prison labor for 8 months and imprisonment with prison labor for 4 months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, this Court tried by combining the appeal cases of KRW 2 with the appeal cases of KRW 1 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 2 in the judgment of KRW 37 in the case of appeal of KRW 1 in the judgment of KRW 2 in the judgment of KRW 37 in the judgment of KRW 38 (1) in the relation of concurrent crimes against the defendant, each crime of fraud in the judgment of KRW 1 and KRW 2 in the judgment of KRW 37 in the judgment of KRW
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is that the crime of this case is committed by the defendant by deceiving an unspecified number of people within a short period of two months by using the Internet goods trading site, and the crime is not significantly good. The criminal records of the defendant are several times, and the defendant has the same criminal records and several times, and the execution of the sentence is not terminated by being sentenced to imprisonment for a similar method, and the repeated crime is again committed during the period of a repeated crime for which two months have not yet passed.