사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the punishment (six months of imprisonment, two years of suspended execution, observation of protection, and 80 hours of social service) determined by the court of the original instance is too unfasible and unfair.
2. The judgment of the court below seems to have led to the confession and reflect of the crime, and the court below deposited 10 million won out of the amount of damage 18 million won in the future of the victim.
However, the criminal liability of the defendant is not against the law.
There are several criminal records, and the same crime leads to seven times.
Even though two years of the suspended sentence of eight months of imprisonment for the year 2010 and two years of the suspended sentence of six months for the year 2012 for the same crime, the crime of this case was committed again.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, the sentence of the court below is unreasonable.
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;
1. The proviso to Article 186 (1) of the Criminal Procedure Act;