사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) in light of the fact that the defendant is against the wrong and the victim expresses his/her intention that he/she does not want the punishment, the sentence of the court below that sentenced four months of imprisonment is too unreasonable.
2. In full view of the following facts: (a) the Defendant recognized the mistake of the Defendant; (b) the victim expressed his/her intention that he/she would not want the punishment for the Defendant after receiving compensation for damage; and (c) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (d) the circumstances of all the sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the lower court’s punishment is unreasonable and unreasonable. Therefore, the above argument is reasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;