사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Determination is based on the following facts: (a) the victim’s damage caused by the instant crime is a considerable amount of damage.
However, when considering all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and conduct, background of the crime of this case, and circumstances after the crime of this case, the sentence imposed by the court below is too unreasonable, since the defendant's argument is too unreasonable, it is reasonable that the defendant's punishment imposed by the court below is too 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 with merit.
Criminal facts
The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted 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 criminal punishment, and the choice of imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act;