사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In full view of all the circumstances, including the Defendant’s age, sexual conduct, environment, family relationship, health status, background of the crime, amount of damage amount, circumstances after the crime, etc., the lower court’s punishment seems to be too unreasonable, and thus, the Defendant’s assertion is reasonable, since it seems that the Defendant’s punishment is too unreasonable, in light of the following circumstances: (a) the Defendant’s confession of the instant crime; (b) the content and degree of deceptive act is not likely to go against the Defendant; and (c) the Defendant prepared a letter of intent to repay the amount of damage to the victim in division by mutual agreement with the victim; and (d) the injured party does not want
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment below, and thus, it is also accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;