사기
We reverse the judgment of the first instance court.
A defendant shall be punished by imprisonment for six months.
1. The sentence sentenced by the first instance court (one month of imprisonment) on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. In light of the various circumstances indicated in the “reason for Sentencing” column for the first deliberation of the judgment, the circumstances agreed with E among the victims were added to the appellate court, and the detailed examination of the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the first trial seems to be too unreasonable.
Therefore, we accept the defendant's unfair argument in sentencing.
3. In conclusion, the judgment of the first instance court is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the facts in the judgment of the court of first instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice 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;