사기등
The judgment below
The part of the defendant's case against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a punishment of imprisonment with prison labor for a year and six months, and that the prosecutor asserts that the court below's punishment is too uneasible and unfair, and that the defendant's punishment is too unreasonable.
2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing.
In full view of the fact that the defendant was sentenced to a suspended sentence due to the commission of goods fraud on the Internet and repeated the same crime during the period of the suspended sentence, taking into account the method and frequency of the crime and the scale of damage, etc., the risk of recidivism is very high in light of the defendant's power and character and behavior, the sentence against the defendant is inevitable, but considering the following circumstances, the defendant was discharged to some victims in the original instance, and the defendant's age, environment, etc., the main sentence for one year and six months as determined by the court below is appropriate.
However, according to Article 48(1)1 of the Criminal Act, the articles provided to a criminal act may be confiscated. Since evidence 1 to 68, such as bank passbook, withdrawal card, etc., are all articles provided to a criminal act, it is necessary to confiscate them. Thus, the prosecutor's assertion that such articles should be confiscated was sentenced to forfeiture of evidence 1 to 68 on the second trial date of the trial.
this shall be accepted.
3. In conclusion, the court below's decision is reversed in accordance with Article 364 (6) of the Criminal Procedure Act by accepting the prosecutor's appeal and it is again decided as follows.
As long as the judgment of the court below is reversed by accepting the prosecutor’s assertion of unfair sentencing, it shall not be judged separately on the defendant’s appeal on the grounds of unfair sentencing). Criminal facts and summary of evidence are recognized by this court.