사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Determination of the summary of grounds for appeal (unfair punishment for eight months) shall be inappropriate;
2. The sentence imposed by the court below is within the scope of the applicable sentences and the recommended sentencing guidelines (from June to June) under the attached sentencing guidelines.
However, the defendant recognizes the crime in the appellate trial and reflects it.
There are circumstances to take into account the background of the occurrence of the case.
In addition, if we review the sentencing factors, the amount of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;