Text
Of the judgment of the court below, the part of the judgment of the court of first instance excluding the compensation order shall be reversed.
Two years of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years and six months of imprisonment, confiscation, and compensation order) of the judgment of the court of first instance by the public prosecutor is deemed to be too unhued and unfair.
B. The punishment of the lower court (the first instance judgment: imprisonment of 2 years and 6 months, confiscation, compensation order, and imprisonment of 2 months: imprisonment of 8 months) is too unreasonable.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were rendered, and the defendant filed each appeal against them, and the court decided to hold the above appeal together with other appeals cases.
However, the judgment of the court below against the defendant should be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below is no longer maintained
3. The judgment of the court below on the ground of the above ex officio reversal, and without examining the prosecutor's assertion of unfair sentencing on the defendant and the judgment of the court of first instance, all of the judgment of the court below except the compensation order of the court of first instance among the judgment of the court below under Article 364 (2) of the Criminal Procedure Act are reversed,
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 49(4)2 and 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 331(1) of the Criminal Act, which provides for the relevant provision of criminal facts, the choice of punishment, and the choice of punishment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;
1. For the reasons for sentencing under Article 48(1)1 and 2 of the Criminal Act, the crimes of Bosing, such as the instant case, are unspecified.