사기
The judgment of the first instance 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 punishment (six months of imprisonment) sentenced by the first instance court on the gist of the grounds for appeal is too unreasonable;
2. In the appellate trial, the Defendant paid 10,000,000 won to the victim and partly compensated for the damage. In full view of the Defendant’s age, character and conduct, environment, health conditions, family relationship, motive, means and consequence of the crime, etc., the sentence imposed by the first instance court is somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.
3. Conclusion, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the first instance is reversed, and the following judgment is rendered after pleading.
Since the criminal facts of the defendant and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, it shall be admitted 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 facts constituting the crime;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act (the conditions favorable to the defendant specified in the preceding two paragraphs, etc.);