사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of five months.
1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. It is recognized that the defendant has been sentenced to a fine, suspension of execution, and punishment for a total sum of times, and that he/she has committed each of the crimes in this case without being aware of the period of repeated crime due to the same crime, and that he/she committed each of the crimes in this case.
However, when considering all of the sentencing conditions in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the crimes in this case, etc., the punishment of the court below is too unreasonable, in light of the following: (a) the victim C division in the court below; (b) the victim F and each of the victims did not want the punishment of the defendant in the trial; (c) the individual damage amount is small; and (d) the defendant's age, sexual conduct, environment; and (e) the motive, means and consequence of each of the crimes in this case
3. According to the 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 well-grounded, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: (a) on October 15, 2015, the Defendant was sentenced to imprisonment for six months with prison labor in the Busan District Court due to fraud, etc. on October 15, 2014; (b) on August 1, 2015, the Busan District Court deleted “the execution of the sentence,” and “the same court” as “the Busan District Court,” and “the same court,” as “the first instance court,” and the last sentence as “the Defendant’s statement before trial: the first instance court’s statement”; and (c) on the other hand, the summary of the evidence is identical to each corresponding column of the lower court’s judgment, and thus, the same shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347(1) of the Criminal Act (the fraud point) and Article 314(1) of the Criminal Act (the obstruction of business operation) concerning criminal facts;