사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months and by a fine of thirty thousand won.
The above fine shall be imposed on the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and a fine of five million won) is too unreasonable.
2. The judgment of the defendant committed each of the crimes of this case, such as taking a imprisonment, by entering the main place of the city in which the execution of the sentence was completed on October 3, 2012, which was sentenced to eight months of imprisonment for fraud on May 24, 2012, and committing a repeated crime. In the case of the case of the 2013 High-Ma50, the fact that the defendant made a abusive act by compulsion and assault against the police officers dispatched after drinking at the main place, and that the crime is not good.
However, considering the favorable circumstances such as the defendant's mistake and the fact that each of the crimes of this case appears to have been committed by the defendant, and that the victim police officers and the victim R and the victim of fraud have been smoothly agreed to reach this court, and other favorable circumstances, such as the defendant's age, character and conduct, occupation and environment, motive and circumstance leading to the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the court below's punishment is deemed to be unfair, and therefore the defendant'
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 the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act, Article 298 of the Criminal Act, Article 311 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;
1. The punishment of imprisonment with labor for each of the crimes of fraud, set forth in [2013 Height554] and [1824], and the crime of fraud, set forth in [2012 Height-89], indecent act by compulsion, and insult].