절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;
2. The judgment of the court below is based on the following facts: (a) the amount of damage in this case is considerably high to KRW 33,144,600; (b) the method of the crime in this case committed against the victim who is an elderly person, by misrepresenting himself/herself with a post office employee and a police officer, and by making him/her keep his/her deposit in the house, and then theft it; (c) the crime is very poor; (d) the defendant is unable to pay damages up to now; and (e) the defendant was unable to reach an agreement with the victim; and (d) the defendant merely delivered the money by defraudation in this case, but did not clearly state his/her whereabouts; and (e) the defendant
However, on March 23, 2016, the Defendant was sentenced to imprisonment for a crime of attempted fraud at the Seoul Eastern District Court for two years and six months for the same year.
5.2. The judgment became final and conclusive and could be tried together with the crime of attempted fraud of which judgment became final and conclusive. However, in the event that the above final criminal facts were judged together with the instant case as the criminal facts which committed three or more attempted frauds and administered phiphonephones once and were judged together with the instant case, it would be too harsh that the instant case and the instant case were sentenced to a punishment of four-year imprisonment for a total of the crimes in the same kind of crime.
Ultimately, considering the above factors of sentencing, the sentence of the court below is too unreasonable.
3. According to the 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 appeal by the defendant is well-grounded, and the subsequent judgment is rendered as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;