사기
The judgment of the court below is reversed.
The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendant (two years of suspended sentence for one year of imprisonment, two years of probation, and one hundred and sixty hours of community service order) is too unhued and unreasonable.
2. The judgment of the court below is unfair in light of all the circumstances, including the motive and background leading up to the instant crime, the circumstance leading up to the instant crime, the defendant's age, character and conduct, environment, occupation, and family relation, which are the conditions of sentencing as shown in the records, and the punishment of the court below is too unfasible, in light of the following: (a) the defendant has no record of being punished for the same kind of crime; (b) the defendant used the name of the defendant to obtain money from the victims; and (c) the crime of this case is not proper for the victim to obtain money from the victims; and (d) the defendant has not made a proper payment due to the high amount of money acquired by the victims; and (e) the victim is punished.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;