사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
The gist of the defendant's grounds for appeal is that the sentence of the court below, which sentenced the defendant for three and a half years, is too unreasonable in light of the fact that the defendant committed the crime of this case due to the sudden exchange of father's father's father's father's name, forged the document in the name of father, not the document in the name of a third party, and the defendant did not have the same criminal record.
In full view of the following circumstances: (a) although the amount of damage caused by the Defendant’s fraud of this case is remarkably heavy; (b) the majority of the victims, the Defendant, and the defense counsel claimed by the Defendant; and (c) the victims and the Defendant do not want the Defendant’s punishment after the closing of argument; and (d) other various circumstances that form the conditions of sentencing, such as the Defendant’s age, character and conduct, and circumstances after the commission of the crime, the above sentence of the lower court is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
[C] The Criminal facts and the summary of the evidence against the defendant recognized by this court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 232 of the Criminal Act, Article 234 of the Criminal Act, Article 232 of the Criminal Act, Articles 234 and 232 of the Criminal Act, Article 232 of the selection of punishment for the crime (the point of fraud), Articles 34 and 232 of the Criminal Act (the point of uttering of Certified Private Document)
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendations].