사기
The judgment of the court below is reversed.
The punishment of the accused shall be eight months by imprisonment.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court ex officio examined the Defendant’s grounds for appeal, and the lower court committed an unlawful act that affected the conclusion of the judgment by omitting the attached list 1 and 2, even though citing the attached list 1 and 2 in each criminal facts committed against the Defendant, and thus, the lower court cannot be maintained further.
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows, except for the addition of the attached Forms 1 and 2, which are omitted in the original judgment, as shown in each corresponding column of the original judgment. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. From among concurrent crimes, the crime of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is committed by acquiring money from many victims in order to raise gambling funds, etc., and the nature of the crime is bad, but the defendant has no record of punishment for the same kind of crime, the defendant has paid high interest to the victim D for a considerable period of time, the defendant has a profoundly infringed on his own mistake, the total amount of damage, the motive and circumstance of the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, environment, occupation, family relation, etc. shall be determined as ordered by the order.