사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 3 shall be confiscated.
1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (two years of imprisonment with prison labor for a maximum term, one year of short term) is too unreasonable;
2. Determination ex officio by the Defendant, as a Rars, was a juvenile under Article 2 of the Juvenile Act on February 21, 2014, which was at the time of the judgment of the lower court, but it is apparent that the Defendant has reached the age of majority in the trial. As such, the lower judgment that sentenced the Defendant to an illegal sentence pursuant to Article 60 of the Juvenile Act against the Defendant was no longer maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation: The reasons for sentencing under Article 48(1) of the Criminal Act are relatively diverse circumstances that include the defendant's age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered by the court in consideration of the following circumstances: