사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of two years from the date this judgment became final.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a maximum of 10 months of imprisonment and a short of 6 months of imprisonment) is too unreasonable.
2. In light of the following facts: (a) the act of acquiring money against many unspecified persons by taking advantage of the sales of goods through the Internet, such as each of the instant frauds, as in the instant frauds, is disturbing the Internet commercial transactions and encouraging the uncertainty of transactions; (b) the nature of the crime and the criminal intent of the crime; (c) the attack of the instant crime also constitutes assaulting the victim jointly by four persons, including the Defendant, and thus, the nature of the crime is not good; (d) the Defendant was unable to agree with the victims because the Defendant was unable to recover from damage; and (e) the Defendant committed each of the instant crimes without being aware of the history of receiving juvenile protective disposition several times due to the same crime; and (e) the Defendant was committed again without being aware of the history of receiving juvenile protective disposition.
However, considering the fact that the defendant recognized all of the crimes of this case and against his mistake, that the defendant is still a juvenile and has no record of criminal punishment itself, although there was no economic difficulty, the guardian is seeking to protect and educate the defendant in good faith, and other various sentencing conditions in the records of this case, such as equity in sentencing with the remaining accomplices, the age-oriented family environment of the defendant, and the circumstances before and after the crimes, the sentence imposed by the court below is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The criminal facts against the defendant recognized by this court and the summary of the evidence shall be as follows.