사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) in light of the fact that the defendant is against the wrong and the victim expresses his/her intention that he/she does not want the punishment for the defendant after receiving compensation for damage, the lower court’s sentence that sentenced four months of imprisonment is too
2. In full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the victim expressed his/her intention that he/she would not want the punishment for the Defendant after receiving compensation for damage; and (c) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (d) the circumstances of all the sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is unreasonable and unreasonable. Therefore, the above argument is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Article 62-2 of the Criminal Act on the observation of protection;