사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
The sentencing of the court below (six months of imprisonment) is too unreasonable because of the summary of the grounds for appeal.
There is a disadvantage to the defendant due to the fact that the defendant has been punished several times as a violent crime in judging the reasons for appeal.
However, in full view of the following circumstances: (a) the Defendant committed each of the instant offenses; (b) the victim does not want the punishment of the Defendant by mutual agreement with the victim in the trial; (c) the amount of damage caused by the instant fraud is minor and is not limited to 8,000 won; and (d) the Defendant’s age, sex, environment, motive and circumstance of the offense, means and consequence of the offense; and (c) all of the sentencing circumstances in the records and pleadings, such as the circumstances after the offense, etc., the sentence imposed by the lower court is too unreasonable; and (d) the Defendant’s allegation of unfair sentencing is justified.
Thus, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
[Grounds for a new judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below, and 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, Article 260(1) of the Criminal Act and Article 260 of the Criminal Act, the choice of imprisonment with prison labor for the crime;
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. Article 62 (1) of the Criminal Act on the stay of execution (the conditions favorable to the defendant as seen earlier shall be considered);