사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. The sentencing grounds disadvantageous to the defendant are the fact that the defendant, who was aware of the crime, escaped from Korea to a foreign country, and that a significant portion of damage has not been recovered.
However, in full view of the reasons for the sentencing revealed in the proceedings of this case, including the fact that all of the crimes have been led to the trial for the first time, the victims except the victim C do not want the punishment of the defendant, and the fact that they are detained for a considerable period of time, and other factors such as the defendant's age, character and behavior, environment, family relationship, motive for and method of the crime, details and method of the crime, etc., it is determined that the punishment imposed by the court below is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.
【Grounds for the Judgment of the court below which has been written] The facts constituting a crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are identical to the corresponding column of the judgment below, except where the court below's partial statement of the defendant is deemed to be "written statement of the defendant in the trial of the defendant" as "written statement of the defendant in the trial of the defendant." Thus, it shall be cited in accordance with Article 369
Application of Statutes
1. Relevant Articles 347(1) and 347(1) of the Criminal Act (Fraud, Selection of Imprisonment), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act concerning criminal facts; and Articles 234 and 231 of the Criminal Act concerning the exercise of falsified investigation documents; and Selection of Imprisonment);
1. Of concurrent crimes, on the grounds of sentencing as set forth in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, the sentence shall be determined as ordered by taking into account the sentencing factors as set forth above.