사기등
The first original judgment shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
Defendant on the second judgment of the court below.
1. The punishment of each court below (one year, and two months, imprisonment with labor for the second instance) on the summary of the grounds for appeal is too unreasonable;
2. The fact that the defendant repeatedly committed a crime for a short period of time, most of the damages have not been recovered, and the fact that the defendant had the power to receive a fine four times for the same kind of crime is disadvantageous to the defendant regarding the allegation of unfair sentencing on the first judgment of the lower court.
On the other hand, it is more favorable that the defendant all commits the crime in this court and repents the mistake, the actual profit gained through the fraudulentation of the loan seems to be not much high, and that the equity should be considered in the case of the judgment at the same time as the case of the dry Building Erosion Theft in the judgment that became final and conclusive.
In addition, considering the circumstances leading to the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., various sentencing conditions as shown in the instant records and arguments, and the scope of recommending sentencing guidelines, etc., the sentence of the first instance court is deemed to be too unreasonable.
3. The lower court sentenced the Defendant to two months of imprisonment in consideration of the circumstances unfavorable to the Defendant and favorable circumstances, etc.
In full view of the facts that are the conditions for sentencing in this court, in particular, the fact that the Defendant committed the instant crime during the period of suspension of execution and the injury caused by the instant crime has not been recovered, there is no circumstance that the lower court’s judgment exceeded the reasonable bounds of discretion, or that it is deemed unreasonable to maintain the lower court’s judgment as it is.
In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the age, character and conduct, environment, etc. of the Defendant, the sentence of the lower court is not deemed to be inappropriate because it is too unreasonable.
4. The Defendant’s appeal against the lower judgment of the first instance is with merit, and the Criminal Procedure Act.