사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below (4 months of imprisonment) is too unreasonable in light of the fact that the defendant recognized the crime of this case and reflected against the summary of the grounds for appeal (unfair sentencing).
2. The crime of this case is a situation unfavorable to the defendant, such as the fact that it is not good that the defendant acquired by deceptioning KRW 10 million under the name of borrowed money by using the victim's trust, and that the defendant has a record of being punished for the same crime.
However, in full view of the following: (a) the Defendant recognized the instant crime; (b) the Defendant was in violation of the recognition of the instant crime; (c) the Defendant agreed with the victim when he was in the first instance trial; and (d) the Defendant appears to have given a certain degree of opportunity to reflect by committing the instant crime for at least two months; and (d) other various sentencing conditions specified in the record and the theory of change, such as the Defendant’s age, sex, sex, environment, family relationship, family environment, circumstances after committing the instant crime; and (e) the Defendant’s punishment is too unreasonable, and thus, the above assertion by the Defendant is reasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and the case is remanded to the court below as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
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. The sentence shall be determined as per Disposition by comprehensively taking into account the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 62(1) of the Criminal Act.