사기
The judgment below is reversed.
(excluding the part dismissing an application for compensation). Defendant shall be punished by imprisonment for not less than two years and six months.
1. The lower court’s judgment, which dismissed all the application for compensation by the applicant for compensation, became final and conclusive immediately, on the ground that the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings cannot file an objection pursuant to Article 32(4).
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 - The lower court’s imprisonment (five years of imprisonment) is too unreasonable.
3. It is true that the defendant has a high possibility of criticism, considering the circumstances such as the reasons for sentencing in the judgment of the court below.
However, in full view of the following facts: (a) the Defendant made confessions of and reflects on his criminal act in the first instance trial; (b) the victim Q, G, and C did not want the punishment any longer by mutual consent after the judgment of the lower court was rendered; and (c) the Defendant’s age, character and behavior, living environment; (d) the background leading to the instant crime; and (e) the conditions of sentencing specified in the records and arguments, such as the circumstances before and after the instant crime, it is deemed that the lower court’s punishment is too unreasonable.
4. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed (excluding the dismissal part of the application for compensation) in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered again
【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the records in each corresponding column of the judgment of the court below. Thus, they are cited 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. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the part of the judgment prior to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is as ordered in consideration of the circumstances, etc.