사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.
2. According to the fact that the Defendant committed the instant crime against a large number of victims over a long period of time, the Defendant committed the instant crime against a large amount of money acquired by the Defendant, and the victims have suffered considerable damage therefrom, the victim failed to fully repay the damage, and the forgery of private documents to commit the fraud, etc., it is reasonable to impose strict punishment on the Defendant.
However, it appears that the defendant experienced financial difficulties and caused the crime of this case, under the investigation into the crime of this case, and agreed with the victim Q, and upon the judgment of the court below, the above victims expressed their intent not to want the punishment of the defendant.
The defendant committed all the crimes of this case, while paying damages to the victims, and there is no record of punishment for the same crime.
In particular, the defendant did not want the punishment of the defendant by mutual consent with the remaining victims in the appellate trial.
In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is somewhat unreasonable.
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 reasonable, and the judgment below is reversed and it is ruled again as follows
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: Article 369 of the Criminal Procedure Act, except where the court below’s order “victim J (445)” as “victim J (44)” in the 8th page of the judgment of the court below as “victim J (44 years old)” is the same as the corresponding column of the judgment of the court below, thereby citing the summary of the facts charged and the evidence.
Application of Statutes
1. Criminal facts;