사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (eight months of imprisonment) is undue, due to undue fault;
2. We examine the judgment on the assertion of unfair sentencing; the crime of fraud of this case committed by the Defendant, in light of the method and means, etc., is not poor and weak; the complete recovery of damage has not yet been made up to now; and the Defendant’s unfavorable circumstances are acknowledged, such as the reduction of materials after the prosecution of this case and the absence of a long-term trial of the lower court.
However, in light of the following circumstances: (a) the Defendant made a statement that he/she made a confession of the facts of the instant crime in the trial and made a statement that his/her mistake is divided in depth; (b) the Defendant did not repeat again; (c) the Defendant agreed with D, which is a substantial victim in the trial; (d) the first offender; (c) the Defendant’s family members want to have his/her wife; (d) the Defendant’s family members want to have his/her wife; (d) the Defendant’s age is still 21 years; (e) the economic situation is not sufficient; and (e) the Defendant’s character, conduct, intelligence and environment as shown in the argument of the instant case; (e) the motive and background, means and consequence of the instant crime; (e) the motive, means and consequence of the instant crime; (e) the circumstances after the crime; (e) relationship with the victim; (e) family relationship; and (e) criminal record
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.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: the summary of the evidence is as stated in each corresponding column of the judgment of the court below, except for adding “the defendant’s oral statement” to “the summary of evidence” as stated in the reasoning of the judgment of the court below. Thus, it is cited in accordance with Article 369
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;