사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the period of two years from the date this judgment becomes final and conclusive.
The main point of the grounds for appeal (unfair sentencing) is that the sentencing of the lower court (eight months of imprisonment) is too unreasonable.
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2. The Defendant already committed each of the instant crimes despite the record of the suspended sentence of imprisonment and the sentence of imprisonment.
After committing the crime, the circumstances after committing the crime are very poor, such as that the victim and the investigative agency appear to be humping or disregarding.
However, the defendant shows his attitude to recognize and reflect all of his mistakes in the court of original instance from the court of original instance.
Of the instant crimes, the amount of damage caused by fraud is relatively small in 69,00 won, and the degree of injury is not much excessive.
The victims do not want the punishment of the defendant by mutual consent between the victims and the victims.
In particular, it seems that there is an opportunity to reflect seriously on the method of accident in the legal order through considerable confinement life.
In addition, the court below's sentence that sentenced the defendant to imprisonment is too unreasonable in light of the equity of both punishment and similar cases as shown in the arguments in this case, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.
【Grounds for the Judgment of the Court for Criminal Procedure】 Summary of criminal facts and evidence recognized by the court for criminal facts and summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes
1. Relevant Article 347(1) of the Criminal Act, Article 257(1) of the Criminal Act, Article 257 of the Criminal Act, and the choice of imprisonment, respectively, for the crime;
1. 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 more severe fraud).