사기등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
Defendant of the Prosecutor.
1. Defendant A asserts that the summary of the grounds for appeal (e.g., imprisonment with prison labor) of the court below is too unreasonable, while the prosecutor asserts that the sentence of the court below against the Defendants (e.g., the above sentence of the court below, Defendant A, Defendant B, Defendant B, 2 years of suspended execution, community service work, Defendant C: 120 hours, Defendant C: imprisonment with prison labor, 10 months of suspended execution, 2 years of social service, 120 hours) is too uneasible.
2. In light of the arguments in this case regarding the assertion of unfair sentencing against Defendant A and the sentencing grounds indicated in the records and the arguments in the judgment on the assertion of unfair sentencing against Defendant A, and the sentencing grounds indicated in the records, in particular, Defendant A paid damages to theJ, the victim of the instant fraudulent act, and submitted a written application for non-prosecution of punishment from Defendant A, the victim of the instant fraudulent act; Defendant A repaid the full amount of damages to Defendant A and the victim D along with the original judgment; Defendant A led to the confession and reflect of each of the instant criminal acts; Defendant A did not have any history of punishment against Defendant A., the sentence imposed by the lower court against Defendant A is too unreasonable.
Therefore, Defendant A’s assertion is reasonable, and the prosecutor’s assertion is without merit.
3. In full view of the Prosecutor’s argument of unfair sentencing regarding Defendant B and C and the grounds for sentencing indicated in the instant argument and records, the lower court’s sentencing with Defendant B and C appears to have been appropriately determined by fully considering all the circumstances, including various grounds for sentencing asserted by the Prosecutor, and otherwise, no special circumstance exists to the extent that the lower court’s sentence would be changed (in the first instance trial, Defendant C paid damages to J, the victim of the instant fraud, and Defendant B and C submitted N’s written application for no punishment, the victim of the instant attempted fraud). 4. As such, the lower court’s appeal is with merit, and thus, Defendant A’s appeal is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the part against Defendant A among the lower judgment is again reversed, and the following is again followed after pleading.