사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
The prosecutor asserts that, as the grounds for appeal of this case, the court below's punishment (two months of imprisonment and two years of suspended execution) is too unfasible and unfair.
In full view of the various conditions of sentencing as shown in the records and arguments of this case, including the fact that the victim was punished, that the victim was unable to recover damage, that there was a history of punishment several times of punishment by fines for the same kind of crime, and that there was the motive and circumstance of the crime, etc., the court below's punishment is too unfeasible, even considering that the defendant deposited some amount in the trial after the crime.
Therefore, since the prosecutor's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;