사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
1. Summary of grounds for appeal;
A. The lower court’s sentence is too unreasonable because the Defendant’s punishment is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. We examine both the judgment and the prosecutor’s allegation of unreasonable sentencing.
The defendant recognized all of the crimes of this case, and the fact that the defendant paid part of the amount of damage to the victims of the 2019 Highest 1796 incident and the above victims cancelled the complaint is favorable to the defendant.
However, with regard to the case of 2019 Highest 77, the defendant was to pay the amount of damage from the investigative agency to the victim D, but it seems that not only did not recover the damage up to the trial, but also did not make a serious effort to recover the damage. The above victim wanted to punish the defendant and the defendant again committed each of the crimes in this case even though there was a history of punishment several times by fraud, and the defendant again committed each of the crimes in this case. In addition, considering all of the sentencing conditions shown in the arguments in this case, such as the defendant's age, character and conduct, family relation, motive, means and consequence of the crime, etc., the court below's punishment is deemed to be unfair because it is too uneasible.
3. Although the defendant's assertion of unfair sentencing is without merit, the prosecutor's argument of unfair sentencing is with merit, the judgment of the court below is reversed and the following decision
(A) If the original judgment is reversed, the appeal by the defendant shall not be dismissed separately). (A) The facts constituting an offense and the summary of evidence are as stated in each corresponding column of the original judgment.
Application of Statutes
1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the grounds for reversal of sentencing and all the sentencing indicated in the records, among concurrent crimes, Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act (as of February 14, 2018 against D with the largest amount of crime).