사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.
The above fine shall be imposed on the defendant.
1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. The judgment of the court below is in favor of the defendant who led to the confession of the crime of this case and the victim C who did not want the punishment of the defendant. However, there are several occasions of criminal punishment. In particular, on June 19, 2014, the Daegu District Court sentenced two years of suspended execution to the crime of this case on August 27, 2014, which became final and conclusive on June 27, 2014, and committed the crime of this case without being aware of the fact that the defendant committed the crime of this case. The defendant committed the crime of this case without being aware of it during the suspended execution, even though he was subject to the suspended execution of official duties on two occasions, even though he was subject to the prior action of the suspended execution, and even after being subjected to the suspended execution of official duties, there appears to be a light of public authority such as the defendant's age, sexual behavior, environment, means and consequence resulting from the crime of this case, the means and result thereof, the circumstances after the crime, and the records and changes in the punishment of this case.
3. As a result, 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 after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (Interference with the business, selection of imprisonment, and selection of punishment), Article 347(1) of the Criminal Act (the fraud point, the selection of punishment by imprisonment), Article 3(3)1 of the Punishment of Minor Offenses Act (the fact that the main cancellation of the official document, the selection of fines), Article 141(1) of the Criminal Act (the invalidation of the official document, and the selection of punishment by imprisonment);
2. The former part of Article 37 and Article 38, Paragraph 1, Item 2 of the Criminal Code of Aggravation of Concurrent Crimes