사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year and two months) of the lower court is too unreasonable.
2. Ex officio determination of ex officio, the defendant, as DIs, was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act at the time of the pronouncement of the judgment of the court below, because it is apparent that the defendant reached the age of 19 and reached the age of 19. Thus, the judgment of the court below that sentenced the defendant to an irregular term of punishment was no longer maintained as above.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as 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. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Among concurrent offenders, the crime of this case for the reasons of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is deemed to be a factor of sentencing that is favorable to the defendant's deception by deceiving that the defendant sells goods via the Internet, and thus, the nature of the crime is not good. The defendant has committed repeatedly against many victims for a considerable period of time, the total amount of damage is equivalent to about 14 million won, the damage is not recovered, and the damage is not recovered almost, and there is a possibility of recidivism, such as the fact that the record of receiving juvenile protective disposition is seven times due to the same crime. Meanwhile, it is considered as a factor of sentencing that is favorable to the fact that the defendant led to the confession and reflects each of the crimes of this case, and that there is no record of criminal punishment.