사기방조등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
No. 1 (portable telephone), No. 1 (portable telephone), No. 3.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that there is a need for strict punishment for the so-called so-called so-called so-called so-called so-called “singing” crime, and the fact that the Defendant committed the instant crime, which leads to about 170 km without a driver’s license, even though the Defendant, who had the history of criminal punishment for four times due to drinking or driving without a driver’s license, committed the instant crime, which leads to about 170 km without a driver’s license, in determining the sentencing of the Defendant at the trial, falls under a new change of circumstances that should be seen differently from the court below in determining the sentencing of the Defendant.
In addition, considering the defendant's age, sex, family environment, motive, means and consequence of the crime, and all of the sentencing conditions as shown in the records and arguments of this case, such as the circumstances after the crime, the punishment imposed by the court below is too unreasonable.
3. In 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 defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the relevant column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Aiding and abetting fraud under the relevant provision of the Act on Criminal Matters: The occupation of driving an automobile without a license under Articles 347(1) and 32(1) of the Criminal Act: The choice of imprisonment under Articles 152 subparag. 1 and 43 of the Road Traffic Act;
1. Article 32(2) and Article 55(1)3 of the Criminal Act (i.e., aiding and abetting fraud and aiding and abetting fraud) of the statutory mitigation.