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All judgment of the court below shall be reversed.
No. 2,00,000 won, and No. 1. with respect to larceny in the judgment of the first instance court.
Reasons
1. The punishment (for crimes listed in the judgment of the court below - No. 1: Imprisonment with prison labor for two months, and crimes listed in the judgment of the court below for two months: imprisonment with prison labor for the crimes listed in the judgment of the court below - No. 2: imprisonment with prison labor for ten months, and four months) that the court below sentenced to
2. Determination
A. We examine ex officio the judgment on the grounds for appeal prior to the judgment ex officio (as to the part concerning each of the crimes in Articles 2 through 6 of the judgment of the court of first instance and the judgment of the court of second instance).
As the defendant filed an appeal against the judgment below, each of the appeals cases was tried concurrently in the trial. However, as long as the facts constituting the crimes in Articles 2 through 6 of the judgment of the court of first instance and the facts constituting the crimes in the judgment of the court of second instance are in a concurrent relationship under the former part of Article 37 of the Criminal Act, it is necessary to simultaneously render judgment and sentence one punishment. In this regard, the part concerning the crimes in Articles 2 through 6 of the judgment of the court of first instance and the judgment of the court of second instance cannot be maintained further.
B. Until the judgment on the Defendant’s assertion of unfair sentencing (as to the part on the crime No. 1 of the judgment of the court below regarding the crime of this case), there were unfavorable circumstances such as the agreement with the victim E as well as the failure to recover from damage, etc. However, the Defendant’s confession of the larceny of this case and the amount of damage is relatively less than 2.40,00 won, the amount of damage is less than that of the Defendant, there is no previous charge, and there is no record of criminal punishment exceeding the fine before the crime of this case, the said victim does not want the punishment of the Defendant, and the above crime should be determined in consideration of equity with the case of concurrent crimes of Article 37 of the Criminal Act with the final crime of fraud as of May 2, 2015 and the latter part of Article 39(1) of the Criminal Act.