사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.
In full view of all the sentencing conditions in the records and arguments of this case and the fact that the defendant was the first offender, and that the victim and the defendant were fully agreed upon in the trial, the sentence of the court below is too unreasonable.
Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the following is ruled again
Criminal facts
The gist of the evidence and the facts charged by the defendant and the summary of the evidence are as stated in the judgment below except for the change of the "1. Part of the defendant's court statement" to "1. The defendant's court statement" in the summary of the evidence of the judgment below to "1. The defendant's court statement" as stated in the corresponding column of the judgment below.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);