사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
2. The defendant has a variety of criminal records in judgment, and this case was committed during the period of suspension of execution due to the same criminal records, etc. is disadvantageous.
On the other hand, the fact that the defendant recognized the crime of this case when it comes to the trial for the first time, most of the previous criminal records of the defendant who was sentenced to a fine and had not been sentenced to a punishment for the same kind of crime before the previous criminal records of this case. The defendant was sentenced to imprisonment for nine months due to a separate crime after this case, etc., and the defendant is in a concurrent relationship after Article 37 of the Criminal Act with this case. As such, the equity between this case and the case where the above crime was adjudicated concurrently with the above crime of fraud, etc. is to be considered. The defendant paid the total amount of damages to the victim from
In addition, when comprehensively considering the circumstances of the instant crime, circumstances after the instant crime, age of the Defendant, sexual conduct, environment, etc., the lower court’s punishment is too unlimited to recognize that it is unfair, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 and Article 347 of the Criminal Act and the choice of punishment for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act: