사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
gallon lusium 201.
1. The Defendant’s crime of this case on the assertion of unfair sentencing is considered to be unfair on the grounds that the applicable law is organized, planned, intelligent, and intelligent, and even if the Defendant’s withdrawal of cash does not take a critical role in the process of the completion of the crime, and thus, the Defendant’s liability cannot be deemed to be mitigated. On the other hand, considering the favorable circumstances, such as the fact that the Defendant recognized the crime and misunderstandings, that the Defendant agreed with the victim at the trial, that there was no penalty power in the Republic of Korea, that the Defendant did not take the lead in the overall crime, and that the Defendant does not seem to have taken into account all other favorable factors, such as the Defendant’s age, character and behavior, health, home environment, circumstances before and after the crime, and all other factors indicated in the records and arguments in the instant case, such as the Defendant’
2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled 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, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;
1. Article 48(1)1 of the Confiscation Criminal Code argues to the effect that the confiscation of the seized white block 21 points is unfair. However, “goods provided for an act of crime” under Article 48(1)1 of the Criminal Code is not limited to those used for the commission of a crime, such as knife, etc. used for a murder, and even if they are used for an act before the commencement of the commission or an act after the completion of the commission, they are included in those goods provided for in the above provision of the Criminal Code so long as it is deemed that they have contributed substantially to the execution of the crime.