사기
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. The judgment of the court below is recognized that the defendant led to the confession of all crimes and divided his mistake, and that the court below agreed with the victim N.
However, in light of the form, method, frequency, etc. of each of the crimes of this case, the liability of the crime is very very significant; the defendant has been sentenced to a fine and punishment for the same type of crime; the defendant has the history of being punished; and the defendant has been repeatedly committed each of the crimes of this case without being aware of the period of repeated crime due to the same multiple methods of fraud; the amount of defraudation is the larger amount than 32120,000 won; the damage recovery was most not performed; the damage recovery was most not agreed with the victims; the defendant's age, sexual behavior, environment; the motive, means and consequence of each of the crimes of this case; the motive, method, and consequence of each of the crimes of this case; and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the punishment of the court below is deemed unfair by taking into account the following factors.
Therefore, the prosecutor's argument is justified, while the defendant's argument is without merit.
3. In conclusion, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant’s appeal is again decided as follows after pleading (Provided, That as long as the court’s appeal is reversed on the grounds of its reasoning, the court’s appeal shall not be dismissed separately). The summary of the facts constituting an offense and the evidence and the summary of the evidence are the same as that of the court below’s respective corresponding columns, thereby citing it as it is in accordance
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;
1. The Criminal Act for aggravated repeated crimes.