사기
The judgment below
Part 1 of the judgment is reversed.
Punishment for the first crime against the defendant in the judgment of the court below.
1. The summary of the grounds for appeal (the part of the judgment of the court below for the first instance: imprisonment with prison labor for two months, the part of the judgment of the court below for the second and third crimes: imprisonment with prison labor for eight months) is too unreasonable.
2. In light of the judgment, the defendant can have been punished for the same kind of crime, and in the case of crimes Nos. 2 and 3 of the judgment, a considerable number of victims have not been recovered even though the amount of damage was not significant, and the crime of crimes Nos. 2 and 3 of the judgment was committed during the suspension period of execution due to the same kind of crime. It
However, in the case of the crime No. 1 in the judgment, the equity between the case of the judgment and the case of fraud for which the judgment has become final and conclusive, and the amount of damage of the crime No. 1 in the judgment is the small amount, and the victim's revocation of the complaint by agreement with the victim D
Considering the above sentencing factors comprehensively considering the defendant's age, character and conduct, circumstances leading to the crime, circumstances after the crime, and other matters concerning the sentencing as shown in the records and arguments in this case, the defendant's assertion of unfair sentencing regarding the part concerning the crime No. 1 in the judgment of the court below is justified because the punishment of the court below on the part concerning the crime No. 2 and 3 in the judgment of the court below is deemed reasonable, but the defendant's assertion of unfair sentencing is without merit.
3. Therefore, the defendant's appeal as to the part concerning the first crime in the judgment of the court below is with merit. Thus, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows. Since the defendant's appeal as to the remaining part of the judgment below is not justified, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act
[D.-1] Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as that of the judgment of the court below.