사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than five months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence of the lower court (five months of imprisonment) is too unreasonable as the gist of the grounds for appeal is too unreasonable.
2. The instant crime was committed by repeatedly deceiving victims to acquire a considerable amount of money, and is disadvantageous to the fact that the nature of the crime is not good.
However, the fact that the defendant recognized the crime of this case, the first offender, and the fact that the victims do not want the punishment of the defendant is favorable.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, various sentencing conditions shown in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is somewhat inappropriate and deemed unfair.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 62(1) of the Criminal Act (the favorable circumstances determined in the above 2.)
1. Where the mitigation area (one month to one year) in the mitigation area (one year from January to one year) (the person subject to special mitigation) is not subject to punishment, or considerable damage has been recovered, due to the application of the sentencing criteria [the scope of the recommended punishment] in general fraud;
2. Determination of sentence above 2. Determination of sentence in accordance with the reasons for sentencing as stated in the text of the judgment.