사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.
2. In light of the circumstances described in the lower judgment, including the fact that social harm caused by the crime of Bophishing is serious, and that the Defendant joined a criminal organization organized to commit the crime of Bophishing as a counselor and act as a counselor, he/she shall not be subject to strict punishment by sentence of the Defendant, in consideration of the fact that the victims acquired the victims’ property in an organized and planned intelligent manner.
However, after the pronouncement of the judgment of the court below, there was a change in the conditions of sentencing, such as expressing that the victims do not want punishment against the defendant in this court by further agreement with the victims. Considering such circumstances and other various conditions of sentencing as recorded in the records, including the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment sentenced by the court below is deemed unfair.
Therefore, the defendant's assertion pointing this out is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article
Application of Statutes
1. Relevant Article of the Criminal Act and Article 114 of the Criminal Act regarding criminal facts and the selection of punishment; the organization or joining of a criminal organization is scheduled to act as a member of a criminal organization regardless of the commission of a criminal act; and the organization or joining of a criminal organization as a member of a criminal organization is naturally premised on the formation or joining of the criminal organization. Thus, both parties are to promote the formation and continuation of the criminal organization.