사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence of the lower court (eight months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes and reflects the instant crime; and (b)
2. The Defendant committed the instant crime even though he/she had a history of criminal punishment several times for the same crime, and the fact that the Defendant committed the instant crime is disadvantageous to the Defendant.
However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the degree of damage was not significant; (c) the Defendant did not want the punishment against the Defendant by mutual consent with the victim C; and (d) the Defendant’s above victim did not want the punishment against the Defendant; and (c) other various sentencing conditions as indicated in the records and theories of the instant case, including the Defendant’s age, sex, environment, family relationship, family environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable; and therefore, (d) the Defendant
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column 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 the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Comprehensively taking into account various sentencing conditions prior to the reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, the punishment shall be determined as per the order.