사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The fact that the defendant confessions and reflects the crime, and that the degree of injury to the victim of the bodily injury resulting from escape is relatively minor, etc. are favorable to the defendant.
Meanwhile, the crime of fraud of this case requires strict punishment for the persons who participated in the crime due to the serious personal and social harm caused by the crime of " Bosing" committed by the victims systematically and systematically. The defendant assumes that the degree of the defendant's participation in the crime of " Bosing" is not easy, such as misrepresentation of the staff of the Financial Supervisory Service in the course of participating in the crime of " Bosing" in cash, and the defendant uses the money personally after receiving the money from the victim of the crime of " Bosing". The crime of this case is poor, the criminal records are the same type of crime, the victims and victims did not reach an agreement, and the defendant did not seem to have made a serious effort to recover from damage.
Considering the above circumstances and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence sentenced by the court below is deemed unfair because it is unfunched.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the prosecutor's appeal is reversed on the grounds of its reasoning, the court below's appeal shall not be dismissed separately). The summary of criminal facts and evidence acknowledged by the court below is stated in the relevant column of the judgment below.