사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Summary of the grounds for appeal (unfair form of punishment)
A. The sentence imposed by the prosecutor (two years and six months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.
It is the first offender who has no record of criminal punishment, and the fact that the defendant's criminal act is against the defendant while recognizing the crime late is favorable to the defendant.
However, even though the value of the goods acquired by the victims reaches approximately KRW 600 million, it is almost not possible to repay the damage. The court below found that the court below's punishment is too unreasonable, taking into account the following factors: (a) while sentenced to the defendant, the defendant did not have been detained by law in order to give an opportunity to recover the damage; (b) the defendant appealed to agree with the victims; (c) there is no additional repayment in the trial; and (d) the victims are actually unlikely to receive the payment of the damage; (b) the victims are strongly demanding the punishment of the defendant; and (c) other factors of sentencing as shown in the records of this case and the trial process, such as the defendant's age, character and conduct, health
Therefore, the prosecutor's argument is justified, and the defendant's argument is without merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.
(3) Article 369 of the Criminal Procedure Act provides that “An appeal against a defendant shall be dismissed for lack of good cause, or a new decision shall not be indicated in the main text of the decision, unless the appeal is accepted by the public prosecutor and rendered a new decision).”
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;