사기
The judgment below
The remainder, excluding the rejection of an application for compensation order, shall be reversed.
The defendant shall be sentenced to six months of imprisonment.
1. The court below rejected the application for compensation by the applicant for compensation filed by the court below. However, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation order. Thus, the dismissed part of the application for compensation order was immediately finalized.
Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.
3. Determination that the amount of damage caused by the instant crime was not at least KRW 50 million, and that the Defendant had already been punished for the same kind of crime (three times before the punishment was imposed, three times before the punishment was imposed, one time before the imprisonment was imposed, and two times after the suspended execution was imposed) is an unfavorable circumstance to the Defendant.
However, the fact that the injured party does not want the punishment of the defendant by paying the damaged amount to the injured party for the first time, and the fact that the defendant recognized the crime of this case and reflected it is favorable to the defendant.
In addition, considering the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
4. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court are identical to facts constituting an offense and summary of evidence as stated in each corresponding column of the judgment below, thereby citing them pursuant to 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;