사기
The judgment below
Part concerning each crime of No. 2 of the judgment shall be reversed.
The defendant is each crime of Article 2 of the judgment of the court below.
1. The summary of the grounds for appeal (four months of imprisonment and one year of imprisonment) of the lower court is too unreasonable;
2. In light of the law of each of the crimes of this case and the amount of damage, etc., the crime of this case is very serious; the defendant committed each of the crimes of this case again even though he had been sentenced five times to a suspended sentence of imprisonment due to the same kind of crime in the past, and some of them (each of the crimes of Article 2 of the original judgment) were committed during the suspended sentence, and there is no agreement with some of the victims until now.
On the other hand, the principle of equity between the crime of fraud and concurrent crimes under the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below, in which some of the crimes of this case (the crimes of Article 1 of the original judgment) among each of the crimes of this case (the crimes of this case) have become final and conclusive, should be taken into account. The above victims do not want punishment against the defendant by mutual agreement with the victim I and M (part of the victims of each crime of
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, and various other factors of sentencing as shown in the instant records and arguments, the sentence imposed on each of the crimes listed in the judgment of the court below seems to be somewhat inappropriate, and thus, the Defendant’s allegation of unfair sentencing in this part is with merit.
On the other hand, since the sentence imposed on each of the crimes No. 1 in the judgment of the court below is too unreasonable, the defendant's assertion of unreasonable sentencing in this part is without merit.
3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal against each of the crimes listed in Article 2 of the decision of the court below is justified. The appeal against each of the crimes listed in Article 1 of the decision of the court below is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
Criminal facts
The summary of the evidence and the judgment of the court below recognized by this court.