사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. Although the Defendant had been punished for the same kind of crime, he again committed the instant crime.
The defendant shall acquire a total of KRW 100 million from the damaged person for a month, thereby causing a large amount of damage and not having good quality of the crime.
However, when the defendant was in a serious trial, the defendant recognized all of his/her crimes and is in depth against his/her depth.
Since 2000, there is no record that the defendant has been punished for a heavier punishment than the suspended execution.
In addition, when the defendant was in the first instance, the victim does not want to punish the defendant by paying part of the amount of damage to the victim.
In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below, except for the alteration of “the defendant’s partial statement” in the summary of evidence to “the defendant’s own court testimony” as “the defendant’s own court testimony,” thereby citing it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);
1. Article 62 (1) of the Criminal Act on the suspended execution;