사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of the grounds for appeal: Imposition of the penalty (two years and six months in prison);
2. In full view of the circumstances unfavorable to the Defendant, or the fact that the amount of damage caused by the instant crime was a large amount of damage, etc., the Defendant committed the instant crime, which was committed in the first instance trial, and the favorable circumstances, such as the fact that the Defendant was aware of all the instant crimes, which were committed in the first instance trial and that there was no record of punishment due to the same kind of crime or a crime exceeding the fine, and other circumstances, including the Defendant’s age, character and behavior, environment, health conditions, motive and background of the instant crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the lower court is deemed unfair.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence acknowledged by this court are as follows. The summary of evidence is identical to the description of the judgment below in addition to changing "1. The defendant's partial statement" from the first head to the "1. The defendant's trial statement". Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The sentence shall be determined as ordered in consideration of the various circumstances in light of the examination of the reason for sentencing under Article 62(1) of the Criminal Act.