사기
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The sentence of the court below (the fine of KRW 2,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.
2. Although recovery from damage was not completed until the judgment on the grounds for appeal was rendered, it was not complete until the defendant was judged. However, when the defendant was in the trial, it was recognized that the defendant was guilty of the crime of this case and the defendant was divided in depth; the defendant did not want the punishment of the defendant; the defendant paid part of the amount of damage to the victim in the trial; the defendant did not have the record of having been punished by a fine or of the same kind of crime; the defendant must support his wife and her child; the defendant is the most likely to support her wife and her child; the defendant's age, character and behavior, environment, criminal record, circumstances leading to the crime of this case, means and result; and the various sentencing conditions of Article 51 of the Criminal Act as stated in the records of this case, such as the situation before and after the crime, are too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.
3. 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 the appeal is again ruled as follows.
Criminal facts
The gist of the facts charged and the evidence admitted by this court is as follows: (a) except in the case where “the part of the defendant’s court statement” in the summary of the evidence of the judgment below is changed to “the defendant’s court statement at the trial court at the trial court at the trial court at the trial at the trial court at the court below”
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;