사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) in light of the fact that the defendant is against the wrongness and must support the spouse and children suffering from the depression, the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.
2. In full view of the following: (a) the fact that the Defendant recognized the mistake of the Defendant; (b) there is no history of criminal punishment; (c) there is no planned crime; and (d) the Defendant is not the Defendant’s spouse and the three-child support for his child; (b) if the period of detention is long, the dependent appears to fall under the excessive difficulty; and (c) the Defendant’s age, sex, environment, degree of damage; (d) motive and circumstance of the crime; and (e) all of the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, are considered to be unfair, the lower court’s punishment is deemed to be unreasonable,
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the criminal facts and evidence of the defendant are the same as the entries in each corresponding column of the judgment below, and 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, the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;