사기등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (two months of imprisonment) is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) recognizes the instant crime and reflects the fact that the Defendant committed the instant crime.
2. The Defendant committed the instant crime even though he/she had a history of criminal punishment several times for the same crime, and the fact that the Defendant committed the instant crime is disadvantageous to the Defendant.
However, the defendant recognized the crime of this case and reflects on the fact that the crime of this case is committed by the defendant, and the crime of this case is committed by deceiving the defendant's pecuniary profit equivalent to 10,500 won of taxi rates, by deceiving the driver of the cross-country bus driving service, and arresting the driver, and the degree of damage is not severe, and the victim of the thief does not want the punishment against the defendant (see, e.g., 27th page of the evidence record), and the defendant reached an agreement with the victim of the thief, and other various sentencing conditions as shown in the records and changes theory, such as the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, etc., are considered to be too unfair. Thus, the above argument by the defendant is justified.
3. The judgment 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, and the judgment below is reversed and the case is remanded to the court below as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347(1) of the Criminal Act, Article 329 of the Criminal Act, and the choice of fines for the crime; the choice of fines for the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The Criminal Procedure Act of the Provisional Payment Order.