사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.
2. The instant crime of this case is not infinite and is not infinite.
The defendant committed the crime of this case again during the period of repeated crime due to the same crime.
Considering this point, the responsibility of the defendant is not weak.
However, the defendant is against his will to recognize his criminal act for the first time.
After submitting a letter of withdrawal of complaint at the court below, the victim submitted a written application to request severe punishment for the defendant, and the victim did not want the punishment of the defendant by mutual consent again at the court below.
(The victim submitted a written application of the defendant's preference to the defendant's wife on his own. Considering these circumstances, the court below's punishment is judged to be unfair.
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.
[C] The summary of the facts constituting a crime and evidence recognized by the court of this Court has been terminated in the judgment of the court below [criminal records] and the summary of the facts constituting a crime and evidence has been dismissed in the judgment of the court below, and the judgment was finalized on September 1, 2018, which was sentenced to four months of imprisonment for a crime and two years of imprisonment for a term of six months in the same court as of August 24, 2018, and the judgment became final and conclusive on September 1, 2018, which was sentenced to a suspended sentence of six months in the Seoul Southern District Court on July 10, 2013, which was sentenced to two years of a suspended sentence of imprisonment for a term of one year in the same court as of August 22, 2013, and the judgment became final and conclusive on December 12, 2013.
In the case of a criminal defendant who was sentenced to a two-year suspended sentence for four months on August 24, 2018, the date of the crime shall be May 29, 2014 and June 16, 2014, the criminal records of the criminal defendant's repeated crime and the latter part of Article 37 of the Criminal Act.