사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the fact that the sentence of the court below (three months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable.
2. The fact that it reflects the determination of the crime and does not repeat the crime, and the damage is relatively minor and the fact that the crime was committed once is favorable to the defendant.
However, in full view of the sentencing factors indicated in the instant case, such as the fact that there are a number of same records, including the power of imprisonment exceeding 10 times, again leading to the instant crime, and the fact that the period of repeated crime is an offense, the lower court’s punishment is deemed unreasonable.
Therefore, the defendant's argument is without merit, and prosecutor's argument is with merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;