사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below on the defendant (one year and two months) is too unhued and unfair.
B. The sentence imposed by the Defendant by the lower court is too unreasonable.
2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.
The instant Bosing crime was committed in a systematic, planned, and intelligent manner against many unspecified persons, and there is a large social harm, and the Defendant served as an essential delivery book in the instant Bosing crime is very bad.
In recent years, there is a growing compromise between the contracting parties, and accordingly, the detection and arrest of the criminal defendant is not easy. Therefore, it is inevitable to strictly punish the criminal defendant.
However, the defendant has made a confession of all crimes and is in depth against himself.
Of the total amount of damage KRW 130 million, the amount actually delivered by the defendant is about KRW 7,00,00,000, which is not the actual gain of the defendant, and the role and degree of participation in the organization of the defendant is not significant.
In the lower court, the victim agreed with V, I, and G, and the victim was in the first instance, and the victim was in the first instance by agreement with P and Q, and the victim sought the Defendant’s wife, and made efforts to recover the damage, such as deposit of KRW 1 million for the victim D.
There is no record of punishment for a defendant, except for two different types of fines.
In addition, considering the defendant's age, sex, environment, family relationship, circumstances leading to the crime, means and results, and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is too unreasonable.
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 reasonable.