사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
1. The sentence of the court below (two years and six months of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case by the judgment following the following facts: (a) the Defendant committed the crime of this case: (b) committed the crime of this case four times more; (c) stolen a wall, etc. containing cash, etc. on three occasions in a restaurant; and (d) insulting the victim T, which has a heavy responsibility in light of the content of the crime; (d) the Defendant did not agree with the victims; and (e) the Defendant committed the crime of this case again without being aware of it during the repeated offense period; and (e) the Defendant committed the crime of this case,
However, the court below's punishment against the defendant is too unreasonable in consideration of the fact that the defendant made confession of all the crimes of this case and reflects the mistake in depth (the defendant led to the confession of the facts charged as to the insult in the trial). Some damaged goods were returned to the victims, the amount of damage is not very significant, and other various circumstances, which form the conditions of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, character and environment, are considered.
Therefore, the defendant's above assertion of unfair sentencing is justified.
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 evidence admitted by this court is as follows: 1. The summary of the evidence added the defendant's oral statement in the "a summary of evidence" to the "a summary of the defendant's trial statement" as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with
Application of Statutes
1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 311 of the Criminal Act, and Article 347(1) of the same Act regarding criminal facts, each crime of fraud and insult.