사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The main point of the appeal is that the court below's punishment (ten months of imprisonment) is too heavy or (the defendant) frightened.
Judgment
The lower court sentenced the Defendant for ten months, taking into account the following circumstances: (a) the Defendant had the same criminal record in 2016 and 3 times in 2017; and (b) the mobile phones opened by the instant crime are likely to be misused for the crime by distributing in largephones; and (c) such crime requires strict punishment; and (d) 13 of the persons who committed the crime of forging a private document and agreed with 13 of them do not want the Defendant’s punishment.
However, since the defendant came to this court and there has been a significant change in the sentencing conditions against the defendant in this court, such as that some of the persons who committed the crime of forging private documents agree with them, and they do not want the punishment of the defendant, it is difficult to maintain the sentencing of the court below.
Therefore, we accept the defendant's unfair argument of sentencing.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act (the point of fraud), Article 231 of the Criminal Act (the point of the same Article as private document), Articles 234 and 231 of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Prior to the reasons for reversal of sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, the punishment as ordered shall be determined by taking into account the various circumstances as seen in the reasons for reversal and all the conditions of sentencing indicated in the record.