사기
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the Prosecutor.
A. The appellate court of the relevant legal doctrine shall judge the grounds contained in the grounds for appeal, and it may decide ex officio on the grounds that have an effect on the judgment (Article 364(1) and (2) of the Criminal Procedure Act). Meanwhile, the grounds for appeal include “when there is any reason to recognize that the amount of punishment is unreasonable” (Article 361-5 subparag. 15 of the same Act), and as above, the grounds that affect the judgment are not included in the grounds for appeal but are subject to the appellate court’s trial, and it does not include any limitation that the appellate court may not determine a sentence more favorable to the sentencing of the first trial if only the prosecutor appealed.
Therefore, the court of appeals may ex officio, prior to the judgment on the grounds of appeal by the prosecutor that the first instance sentence is too unfford and unfair, judge whether there exists any reason to acknowledge that the sentencing is unfair, and if there is such reason, the court of appeals may reverse the first instance judgment and determine a minor sentence rather than the sentencing of the first instance judgment and sentence.
(b) The fact that the amount obtained by the Defendant from the damaged person reaches KRW 60 million and that the victim seems to suffer a big pain due to the instant crime is an unfavorable condition to the Defendant.
However, the defendant shows the attitude of opposing the defendant to recognize the crime of this case, and the defendant paid 60,400,000 won to the victim to recover most of the damage amount to the victim. The defendant has no record of criminal punishment prior to the crime of this case.
The above circumstances and the Defendant’s age, environment, and environment.