Text
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
1. The summary of the grounds for appeal is unreasonable because each of the punishments of the judgment below (the first judgment: imprisonment with prison labor for 7 years and the second judgment: imprisonment with prison labor for 4 months) is too unreasonable.
2. In the judgment of the court of ex officio, the first instance judgment case and the second instance judgment case against the defendant were consolidated. Each of the above cases is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1)2 of the Criminal Act. Thus, each of the judgment below cannot be maintained any more.
3. If so, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, since the above reasons for reversal of authority are the above reasons, and the judgment below is reversed in entirety, and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence acknowledged by this court is as stated in each corresponding column of the judgment below, except that the part of the facts charged in the judgment of the court of first instance from 14 to 16 million won was "from 100,000 to 16 million won by deceiving the victim in collusion with E and the person who has not received name cards."
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 337 of the Criminal Act, the choice of punishment for the crime, Articles 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342, 329, 330, and 331 (1) of the Criminal Act (with regard to habitual larceny, choice of limited imprisonment), Articles 347 (1) and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, respectively;
1. Aggravation for repeated crimes;
(a) For each robbery: Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes, the proviso to Article 42 of the Criminal Act;
(b) A crime of larceny: The proviso to Article 35 and the proviso to Article 42 of the Criminal Act;
C. Regarding fraud: the Criminal Act.