사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Chapter 50,000 District Prosecutors' Office that has been seized.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and six months) of the lower court is too unreasonable;
2. The Defendant’s crime of this case is subject to criticism in light of the following: (a) the crime of this case was committed during the period of repeated crime due to the same crime; (b) the quality of the crime was inferior; (c) the Defendant did not receive use from the victims other than the victim B; and (d) the Defendant had been punished several times for the same crime.
However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, background of the crime, circumstance after the crime, etc., it is deemed that the sentence of the lower court is too unreasonable, taking into account the following factors: (a) the Defendant’s perception of the crime of this case and against the mistake; (b) the amount of damage caused by the crime of this case is not significant; and (c) the Defendant’s only agreed upon the victim B and the Defendant’s original intent to punish the Defendant
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, the choice of punishment for the crime
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes prescribed in the crime of fraud against the victim J, the largest punishment for which is prescribed)
1. The sentencing of Article 333(1) of the Criminal Procedure Act is as follows.