사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a 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 form of punishment) is against the defendant's wrongness, and there are circumstances to consider the motive of each of the crimes of this case as being committed in the wind that falls into managerial difficulties while operating friendship with his spouse, the court below's sentence of 10 months is too unreasonable.
2. In light of the fact that the defendant's mistake is against the defendant, there is no record of punishment for the same kind of crime, that the victim expressed his intention that he does not want the punishment of the defendant at the time of the trial, and in consideration of the motive, circumstance, means and method of the crime of this case, circumstances after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's character and behavior, environment, etc. as shown in the records and arguments of this case, the court below's punishment
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning.
Criminal facts
The summary of the evidence and the criminal facts recognized by the court and the summary of the evidence are as follows: 1. The summary of the evidence added "the defendant's trial testimony at the court below" to the summary column of the evidence, and therefore, it is identical to the corresponding column of the court below's judgment.
Application of Statutes
1. The relevant Article of the Criminal Act and the fraud of the decision of the choice of punishment for the crime: The obstruction of exercise of rights by the decision of the imprisonment with labor and the selection of punishment; Article 323 of the Criminal Act and the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service order under Article 62-2 of the Criminal Act;