사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of 10 months sentenced by the court below on the summary of the grounds for appeal is too unreasonable.
2. The judgment of the court below is based on the following facts: the majority of the victims due to each of the crimes of this case are victims, and the amount of damage is about five million won, and there is significant criminal liability for the defendant, despite the existence of the criminal records of the same kind of fraud, each of the thief crimes of this case led to the crime of this case. Each of the thief crimes of this case was committed again by the defendant, despite the fact that the defendant orders food to the restaurant operated by the victims and the victims neglected attention due to food preparation, and thus the victims stolen the articles of other victims. It is acknowledged that the method of the crime is intelligent, but the defendant does not want the punishment of the above victims by agreement with the victim M, P, G and the court of trial. The defendant paid part of the amount for the payment of damage of the victim D, that the defendant did not repeat and repeat the defendant's personality and behavior, environment, motive, means and result of the crime, etc.
3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for a crime;
1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is the most serious;