사기
The judgment below
The remainder, excluding a compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The gist of the grounds for appeal is that the original court’s punishment (one and half years of imprisonment with prison labor for a maximum term of one year and six months, and one year of short term) is too unreasonable;
2. Prior to the judgment on the grounds for appeal ex officio, according to the records, the defendant, as a BR student, was a juvenile under the Juvenile Act at the time of the judgment of the court below, but has been adult at the time of the trial, so the judgment of the court below that sentenced the defendant to an irregular sentence was no longer maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the 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 provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, even though the defendant had a record of being subject to juvenile protection and suspension of indictment several times for the same crime, he/she has reintained the crime of this case.
The crime of this case committed extremely many times by the Defendant committed the crime of fraud under the same law, and thus, the amount of damage that has not been recovered is most much even though the number of victims and the amount of damage has not been much.
In light of the criminal records of the defendant and the contents of the crime of this case, it is recognized that there is a need to punish the defendant strictly.
However, the defendant recognized his mistake and is in profoundly against himself, and there is no history of criminal punishment except for juvenile protection and suspension of indictment.
The defendant has been growing in the poor family environment, and has yet to escape from the criminal habit by his own efforts.