사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
except that the ruling shall be made for one year from the date of the final judgment.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. In light of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime and all of the sentencing conditions and records, including the fact that the Defendant recognized the instant crime and reflects the depth thereof, it appears to result in the instant crime by willful negligence, the fact that the Defendant agreed with the victim in the trial, and that the Defendant did not have any previous criminal records nor had any other type of fine two times, etc., the sentence imposed by the lower court is too heavy.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded.
Criminal facts
The summary of the criminal facts and evidence of the defendant recognized by the court is identical to 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, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspension of execution;