사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, 160 hours of probation, and 160 hours of service) of the lower court is deemed to be too unhued and unreasonable;
2. In full view of various sentencing conditions as shown in the records and arguments of this case, the lower court’s punishment seems to be somewhat uneasible and unfair, as it appears that the Defendant committed the multiple crimes of this case, the amount of damage was not significant, the amount of damage was not recovered, the amount of juvenile protective disposition received as the same kind, the Defendant’s location was not known, and the Defendant’s probation or community service was difficult.
3. As such, 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.
[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act; Article 329 of the Criminal Act; Article 152 Subparag. 1 and Article 43 of the Road Traffic Act; Article 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; Articles 231 of the Criminal Act; Articles 234 and 231 of the Criminal Act; the choice of imprisonment for each of the following crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;