사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.
2. Determination of the instant crime is an unfavorable circumstance in light of the background, content, method, etc. of the instant crime, which is not good quality of the crime, and the frequency of the crime or the considerable amount of damage, etc.
However, it is advantageous to the fact that the defendant recognized the crime of this case and reflects the fact that there is a family member to support the crime of this case, that there is an agreement with the victims after promising the victims to make payment in installments in the first instance, and that there is no other criminal record except the one-time fine due to this type
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
1. Article 232-2 of the Criminal Code for the crime in question (the point of presenting the electronic records, etc. of the company), Articles 234 and 232-2 of the Criminal Code (the point of holding the electronic records, etc. of the company in question), Article 231 of the Criminal Code, Articles 234 and 231 of the Criminal Code (the point of holding the private document in question), Article 234 of the Criminal Code, Article 347 (1) of the Criminal Code, Article 347 of the Criminal Code for each of the following crimes;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The sentencing of Article 62(1) of the Criminal Act (the favorable circumstances determined in the above 2.) is to be determined in the above 2. Reasons for the suspended sentence.