사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant is too unreasonable.
2. In light of the following: (a) the conclusion of the judgment is reasonable for the victims of the instant crime; (b) the Defendant did not actually recover most of the damages; and (c) the Defendant did not agree with the victim T, such as fraud, fabrication of a private document, and uttering of a private investigation document; and (d) the Defendant acquired money by forgery or use of a document; and (c) the Defendant acquired money by forgery or use of a document and obtained money, it is inevitable to sentence the Defendant’s sentence of imprisonment
However, in full view of the following: (a) the Defendant recognized all of the instant crimes and reflects his mistake in depth; (b) the Defendant agreed with the victim J andO at the original trial; and (c) expressed the intent that the said victims do not want to be punished for the Defendant; (d) the Defendant did not neglect his efforts to recover from damage while in a serious reflection; (b) the Defendant did not have any criminal record of suspended execution or more; (c) the Defendant did not have any criminal record of suspended execution or more; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s punishment against the Defendant is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
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 columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the relevant criminal facts, the choice of punishment, and the Criminal Act;