beta
Text
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for two months.
Reasons
1. The Defendants’ crime of the summary of the grounds for appeal is very poor in view of the circumstances, and the amount of damage is greater than the stated in the facts charged, and the victims are suffering from big property and mental suffering, such as filing an application for personal rehabilitation.
Nevertheless, the Defendants have not made any effort to pay damages.
In full view of these circumstances, the sentence imposed by the court below is too uneasible and unfair.
2. On November 25, 2015, Defendant A was sentenced to five years of imprisonment for a crime of fraud, etc. at Suwon Methods Board, and the judgment became final and conclusive on January 29, 2016. Defendant B was sentenced to three years of imprisonment for a crime of fraud, etc. on August 10, 2015, and the judgment became final and conclusive on January 15, 2016. On April 27, 2016, Defendant A was sentenced to two years and six months of imprisonment for a crime of fraud from Suwon Methods Board and became final and conclusive on July 20, 2016. Accordingly, each of the above crimes against Defendants and each of the above crimes, for which the judgment of the lower court became final and conclusive on July 20, 2016, shall be sentenced in consideration of equity in cases where the judgment is to be rendered simultaneously in accordance with the main sentence of Article 39(1) of the Criminal Act.
In this respect, the judgment of the court below is no longer maintained.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the prosecutor's improper assertion of sentencing, and it is again decided as follows after pleading.
【Judgment to be used again] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the facts constituting a crime and the summary of the evidence. “Defendant A was sentenced to five years of imprisonment on November 25, 2015 by means of fraud, etc. at the Suwonwon, and the said judgment became final and conclusive on January 29, 2016. Defendant B was sentenced to three years of imprisonment with prison labor on August 10, 2015 at the Suwonwon, etc. and was sentenced to the said judgment on January 15, 2016.