사기미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.
2. The judgment of the court below is a crime committed against an unspecified number of victims in a systematic and systematic manner that actually causes damage that is difficult to recover, and is highly likely to cause social harm to the victims. The intelligence of the criminal law and widely spreads to the unspecified number of victims, which requires strict punishment to eradicate the crime, regardless of the degree of participation, and the extent of the defendant's participation in the crime in the instant case is not easy.
However, the fact that the defendant recognized the crime of this case and opposed to it, the crime of this case is only one time, and the last is also about the attempted crime, and the victim was paid in the first instance and recovered from damage by paying KRW 10 million to the victim, and the victim was the wife of the defendant, and the first offender is more favorable.
In addition, in full view of the Defendant’s age, character and conduct, environment, the circumstances and motive leading to the Defendant’s crime, and all the sentencing conditions indicated in the instant records and pleadings, such as the circumstances before and after the commission of the crime, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’
3. In conclusion, the judgment of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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. Article 352 of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;