사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is a so-called “singing” crime which actually causes damage to an unspecified number of victims, which is difficult to recover by means of planned and systematic methods, and its nature is not very good.
In addition, even though the defendant has had a record of being subject to juvenile protective disposition twice for the same crime, and was sentenced to the suspension of indictment for the violation of the Electronic Financial Transactions Act in 2014, the defendant's liability for the crime of this case is not weak.
However, the Defendant recognized the instant crime and is in profoundly against the Defendant, and there is no record of criminal punishment of suspension of qualifications or more over twenty years of age.
Although the role of the so-called “delivery” of the so-called “Singing” carried out by the Defendant is an essential part for the establishment of the above crime, the period for the Defendant’s crime was not long, and the Defendant agreed to pay all damages to the victim and smoothly with the victim.
In addition, the mother of the defendant is able to lead the defendant, and the defendant is also able to lead the defendant in good faith without repeating the same errors in the future.
In addition, in consideration of all the sentencing conditions shown in the instant case, such as the character, conduct, environment, and the background and result of the instant crime, etc. of the Defendant, the sentence imposed by the lower court is too unreasonable. Therefore, the Defendant’s above assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Dao-written judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as that of each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.