사기등
The judgment of the court below (excluding the dismissed part of the application for compensation) shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
(2).
1. The lower court rejected the applicant B’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
2. Summary of the grounds for appeal each sentencing (the punishment of the lower court shall be punished by imprisonment with prison labor for a period of one year and two months);
3. We examine the arguments of the Defendant and the Prosecutor.
The Defendant has been punished three times as a crime of fraud, and the amount of damage to the instant crime is considerably significant, and the quality of each of the instant crimes is not good.
However, when considering the sentencing conditions such as the Defendant’s age, sexual conduct, relationship with the victim, motive, means and consequence of the crime, etc., the lower court’s punishment is unreasonable, when considering the following factors: (a) the Defendant recognized all of the instant crimes in the trial; (b) agreed with the victims of fraud in the trial; and (c) the victim’s employee paid substitute payment from the Labor Welfare Corporation; and (d) the damaged employee recovered from damage by receiving substitute payment (the Defendant repaid the said substitute payment to the Labor Welfare Corporation in full); and (c) the Defendant’s age, sexual conduct, relationship with the victim;
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
4. The Defendant’s appeal is with merit, and thus, pursuant to Article 364(6) of the Criminal Procedure Act, the lower court’s judgment (excluding the part dismissing an application for compensation) is reversed, and the case is again decided after pleading (inasmuch as the lower judgment is accepted by the Defendant’s assertion and the lower judgment is reversed, the prosecutor’s assertion is without merit indicated in the text). The summary of the facts constituting an offense and the evidence and the summary of the evidence are the same as the corresponding column of the lower court’s judgment, and thus, they are cited as it is in accordance with
Application of Statutes
1. Relevant provisions of the Act concerning facts constituting an offense;