절도등
1. The part concerning the crime No. 2 of the judgment of the court below shall be reversed.
Imprisonment with prison labor for the crime of Article 2 of the judgment of the defendant.
1. The summary of the grounds for appeal (the crime of No. 2 in the original judgment: Imprisonment with prison labor for 6 months, and each crime of No. 1 and No. 3 in the original judgment: fine of 2 million won) is too unreasonable.
2. Determination
A. In light of the repeated act of fraud against an unspecified number of buyers, the nature of the crime is not weak, given that the Defendant’s judgment as to the second offense in the holding of the lower judgment is considered.
However, there are circumstances in which the Defendant committed the crime in order to resolve thirster by leaving the PC bank, etc. with his family’s influoration, and the motive of the crime was somewhat considered to have committed the crime. The Defendant committed the crime in violation of his depth and has paid considerable damages to his family members’ aid. Each of the crimes in this case constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, such as night building intrusion and larceny, which became final and conclusive on April 18, 2014, and the latter part of Article 37 of the Criminal Act. As such, the punishment should be determined in consideration of equity in the case where the above judgment is rendered at the same time with the crime that became final and conclusive under Article 39(1) of the Criminal Act, and other conditions of sentencing as indicated in the records such as the Defendant’s age, character, character and environment, it seems that the sentence for six
B. The lower court sentenced to a fine of KRW 2 million in consideration of the circumstances that may invalidate the suspension of the existing execution and the circumstances favorable to the Defendant in relation to the above paragraph (a) where the Defendant choose imprisonment as a result of a crime committed by the Defendant during the suspension of the execution in the case of each of the crimes of Articles 1 and 3 as stated in the judgment of the lower court. The amount of the above fine of the lower court is reasonable.
3. As such, since the part concerning the second crime of the judgment of the court below among the defendant's appeal is well-grounded, the part concerning the second crime of Article 364 (6) of the Criminal Procedure Act is reversed and this part of the judgment of the court below is judged as follows, and the part concerning the first and third crimes of Articles 1 and 3 of the court below'