사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court is too unreasonable, and the prosecutor asserts that the sentence imposed by the lower court (e.g., eight months of imprisonment) is too unreasonable.
2. In light of the fact that the defendant paid the full amount of damage in the trial of the party and agreed the full amount with the victim, and the defendant's age, occupation, family relation, environment, etc. as well as the reasons for sentencing indicated in the arguments and records of this case, the sentence imposed by the court below shall be deemed unreasonable, since the defendant's argument of unfair sentencing is reasonable, and the prosecutor's argument on this
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
(3) Article 369 of the Criminal Procedure Act provides that “In a case where an appeal by a defendant is accepted and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately from the disposition.”
Application of Statutes
1. Article 347 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;