사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.
2. The defendant's previous convictions are six times, and one of them is the previous convictions of the suspension of the execution of imprisonment, which are disadvantageous to the defendant.
On the other hand, the fact that the defendant recognizes and reflects the crime of this case, and that the victim does not want the punishment against the defendant in the trial of the party is favorable.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, the lower court’s punishment is deemed to be too unreasonable, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, 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 with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Article 62 (1) of the Criminal Act (General Consideration in favor of the above) ;