사기미수
Defendant
The appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) is too unreasonable.
2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is often divided and reflected in depth; (b) the victim does not want the punishment of the Defendant by mutual consent with the victim; and (c) the equitableness with the case where the victim was tried at the same time as the final and conclusive judgment rendered in the lower judgment.
However, the crime of this case is intended to acquire money by actively deceiving the court with the aim of realizing the possession of a letter of payment in the name of the victim who is not effective by the defendant.
In full view of all the sentencing conditions, including Defendant’s age, character and conduct, environment, motive, means and consequence, and circumstances after the crime, it is not recognized that the sentence of the court below is unreasonable to the extent that the sentence of the court below is reversed.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.