사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
【Judgment on Grounds for Appeal】
1. The summary of the grounds for appeal is that with respect to the punishment of one and a half years of imprisonment sentenced by the court below, the defendant is excessively unreasonable, and the prosecutor is deemed to be excessively uneasible and unfair.
2. Even before determining the Defendant’s assertion of unfair sentencing, even if the Defendant had been sentenced to punishment for various crimes of fraud, including the crime of forging and using documents, as in the instant crime, and acquired money, it is inevitable to sentence the Defendant to a sentence, in light of the fact that the Defendant again committed the instant crime during the period of repeated crime, and that the nature of the instant crime and the circumstances are not good.
However, considering the following: (a) the Defendant appears to have committed each of the crimes in this case; (b) the victim of the embezzlement crime has already reached an agreement at the investigation stage; and (c) the victim of the crime in this case had not want to be punished against the Defendant after receiving partial compensation from the Defendant’s wife; and (d) the Defendant submitted an agreement with the purport that “the victim of the crime in this case has been punished against the Defendant at the time of the trial,” the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) other circumstances that are conditions for the sentencing in this case, such as the circumstances after the crime, etc., the sentence of the lower
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 with merit.
(Inasmuch as the appeal by the defendant is reversed on the grounds that the judgment of the court below is well-grounded, the prosecutor's appeal shall not be dismissed. [Reasons for the decision to dismiss the prosecutor's appeal] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence thereof, the second and fourth "real estate" among the facts constituting an offense in the judgment below, shall be deemed as "each real estate of this case."