사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. In light of the Defendant’s age, sex, environment, method of crime, circumstances, relationship with the victim, degree of participation in the crime, circumstances after the crime, etc., the sentence imposed by the lower court is unreasonable, and considering the following factors: (a) the Defendant’s conviction was recognized and against the Defendant’s misunderstanding; (b) there was no past record of criminal punishment beyond the fine prior to the instant case; and (c) the Defendant’s age, sex, environment, method of crime, circumstances after the crime was committed.
3. In conclusion, the appeal by the defendant is reasonable, and the order for compensation by the court below is not reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts constituting an offense and the gist of the evidence admitted by this court is as follows: (a) the summary of the evidence in the judgment of the court below added “1.1. Defendant’s original testimony” to the first head; and (b) the deletion of conduct No. 10 through No. 16, 3.3 is the same as that of each corresponding column of the judgment of the court below; and (c) thus, it
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (The consideration of the favorable circumstances as seen in the above reversal ground);
1. Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation (the scope of liability for compensation is not clear);