사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the purport of the grounds for appeal by the defense counsel (unfair sentencing) is against the defendant's wrong and the victim company expressed its intent not to have the defendant punished for receiving compensation for damage, etc., the sentence of the court below that sentenced six months of imprisonment is too unreasonable.
2. In full view of the following facts: (a) the Defendant’s mistake is recognized and against the judgment; (b) there is no record of being punished for the same kind of crime or of being punished in excess of a fine; (c) the victim company expressed its intention that the Defendant would not want the punishment after receiving compensation for damage; and (d) the Defendant’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime; and (e) all the conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the crime, the lower court’s punishment is unreasonable, and therefore, the above assertion 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 appeal by the defendant is again decided 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, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;