사기미수
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized No. 1.
1. The decision of the court below on the gist of the reasons for appeal (a long-term of one year, a short-term of eight months, confiscation) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the defendant was examined ex officio, and the defendant was Q Q Q and was a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the court below, but it is apparent that the above defendant was not a juvenile under Article 2 of the Juvenile Act since he was over 19 years old and became a juvenile under Article 2 of the Juvenile Act. Thus, the judgment of the court below that sentenced the above defendant to a non-scheduled sentence pursuant to Article 60 (1) of the Juvenile Act against the above defendant is no longer maintained.
3. Therefore, the judgment of the court below is reversed and the part of the judgment of the court below against the defendant is reversed and it is again decided as follows, without examining the defendant's unfair argument of sentencing.
[Judgment used again for the defendant] The summary of facts constituting an offense and evidence recognized by the court is identical to that of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act and Articles 352, 347 (1) and 30 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The reasons for sentencing under Article 48(1) of the Confiscation Criminal Act include: (a) the fact that the Defendant recognized all of his own crimes and reflects them; (b) the record of domestic punishment is not confirmed; (c) the damage was not realized by the attempted crime; and (d) the Defendant appears to have cooperated with the arrest of the accomplice after the arrest; and (b) the fact that the Defendant was a juvenile under 18 years of age at the time of the commission of
On the other hand, the so-called "Sishing" crime, such as the instant crime, was committed against many unspecified victims in an organized, planned, and intelligent manner, as well as the collection of social and economic harm caused thereby.