사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The gist of the grounds for appeal by the prosecutor is that the punishment imposed by the court below (six months of imprisonment) is too uneasible, and the summary of the grounds for appeal by the defendant is unreasonable because the above sentence imposed by the court below is too unreasonable.
2. Article 33(2) of the Criminal Procedure Act provides, “Where a defendant is unable to appoint a defense counsel due to poverty or any other reason, the court shall appoint a defense counsel if the defendant makes a request.” Article 17(3) of the Regulation on Criminal Procedure provides, “When the defendant makes a request for the appointment of a defense counsel pursuant to Article 33(2) of the Criminal Procedure Act, the court shall appoint a defense counsel without delay.” Article 17-2 of the Regulation on Criminal Procedure provides, “Where the defendant requests the appointment of a defense counsel pursuant to Article 33(2) of the Criminal Procedure Act, the defendant must submit explanatory materials.” However, this provision provides,
According to the records of this case, on January 21, 2020, the defendant filed a request for a simplified rehabilitation with the Jeju District Court on the following grounds: (a) on January 21, 2020, the defendant requested the appointment of a state appointed defense counsel on the ground of "other reasons (or difficulties to appoint a state appointed defense counsel individually in terms of the present family circumstances); (b) on the same day, the defendant applied for a renewal of the sentencing date for the appointment of a state appointed defense counsel; and (c) on the same day, submitted the written opinion stating "current general rehabilitation progress" as "the facts charged of this case"; and (d) on June 27, 2019, the defendant filed a request for a simplified rehabilitation with the Jeju District Court for a debt amounting to KRW 900 million at the time of receiving money from the victim under the pretext of borrowing money from the victim, and thus, the prosecutor did not have any intent or ability to repay it normally even if borrowing money from the victim."