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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The summary of the grounds for appeal (Article 1: 8 months of imprisonment with prison labor and the second judgment: 6 months of imprisonment) declared by the court below is too unreasonable.
2. The first instance judgment case and the second instance judgment case against the defendant were consolidated in the judgment of the court below ex officio. Each of the above consolidated cases against the defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1)2 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
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 assertion of unfair sentencing, and it is again decided as follows.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the sentencing factors indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., shall be determined as ordered by taking into account the following circumstances under Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act, and other factors of sentencing as stated in the arguments of this case, such as the following circumstances
A favorable circumstances: The defendant's act of committing a crime is recognized and against the defendant, and the case of 2018No3208 has been repaid to 17 cases except for six cases where contact is not contacted: The defendant has a majority of punishment power due to fraud (five times a fine, one time a suspended sentence), and the defendant repeatedly commits a crime against many unspecified persons, regardless of the fact that the defendant was under suspension of execution of the same kind of crime.