사기
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not less than one year and three months.
1. The summary of the grounds for appeal: As to each of the judgment below's unfair sentencing (one year of imprisonment), the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that the defendant is too uneasible and unfair.
2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant confessions and objects to the determination of unfair sentencing, and the total amount of damages incurred by each of the instant crimes is not relatively large to KRW 9,830,800.
However, the defendant was sentenced to a punishment of 1 year and 6 months for the same crime and was released from prison, and again committed each of the crimes of this case under the same several laws for not less than 3 months. The previous criminal records also committed a crime of 4 months after the defendant was sentenced to a punishment for the same kind of crime and released from prison, and there is a high possibility of criticism against the defendant, and there is a high risk of recidivism.
Although the individual amount of damage of each of the crimes of this case is not significant, the victim is a large number of victims, and the quality of the crime is not weak.
There is no effort of the defendant to recover damage.
In full view of these circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment against the Defendant is deemed to be too uneasible and unreasonable.
Therefore, the prosecutor's argument of unfair sentencing is justified and the defendant's argument of unfair sentencing is without merit.
3. If so, the prosecutor's appeal is with merit. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below excluding the compensation order is reversed, and it is again decided as follows after pleading.
[Reasons for the judgment, excluding the part of the order for compensation among the original judgment] Criminal facts and summary of evidence recognized by the court below are as stated in the corresponding column of the original judgment, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;