사기
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The defendant's previous criminal records that have been punished more than twice for the same kind of crime, and the criminal records that have been punished by imprisonment with prison labor among them are ten times or more.
At the time of the instant crime, a repeated crime was committed due to fraud as stated in the first head of the judgment below at the time of the instant crime, and additional fraud was committed even after being arrested as the current offender and released after investigation as the case of 2017 order 232, 2017 order 108 order of the lower judgment.
The defendant was unable to recover from the victims until the defendant was in the trial.
On the other hand, the defendant recognized all of the crimes of this case and reflected the mistake.
The defendant's living-free type crime committed in resolving board and lodging at 4 places in the PC room, and the total amount of damage is relatively small to KRW 293,600.
In general cases such as these circumstances and the same or similar cases, the punishment imposed by the court below is too unreasonable, considering the following factors: the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. In a judgment on the grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes, the punishment as set forth in the disposition shall be determined for the same reasons as seen in the judgment on the grounds for sentencing.