사기
The judgment of the court below is reversed.
The defendant shall be exempted from punishment.
1. In light of the substance of the grounds for appeal of this case, the punishment of the original judgment (such as a fine of three million won) is too unreasonable in light of the overall circumstances of this case.
2. As stated in the previous records before the judgment of the court below, the Defendant was sentenced to imprisonment on July 4, 2012, with prison labor of eight months, and the judgment became final and conclusive on July 10, 2012, with respect to the fact that the Defendant was provided with alcohol, alcohol, etc. four times from March 1, 2012 to April 17, 2012 without any intention or ability to pay the drinking value.
On the other hand, the crime of this case was committed by the Defendant without the intention or ability to pay the drinking value on February 22, 2012. The crime of this case was committed by the said Defendant, which was finalized on July 10, 2012 and the time of the crime is similar to that of the said crime, and the latter part of Article 37 of the Criminal Act is also the same crime.
Therefore, it is necessary to consider the punishment to be sentenced to the defendant when the crime of this case and fraud for which judgment has become final and conclusive at the same time, and even if the judgment was rendered at the same time with the crime of this case, it is difficult to see that there was a change in the sentence, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, means and consequence, circumstances before and after the crime, etc., the sentence imposed by the court below against the defendant is too unreasonable.
3. According to the conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again after pleading.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 39(1) of the Criminal Act exempted from punishment;