사기미수등
The judgment of the court below is reversed.
As to the crime of No. 1-A, No. 3-A, and No. 3-B(1) in the judgment of the court below.
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for a crime of 1-A, 3-A, or 3-B(1) in the original judgment) that is declared by the lower court is too unreasonable.
2. As the Defendant was released from office due to the violation of the Attorney-at-Law Act and the crime of fraud, the Defendant committed each of the crimes of this case even during the period of repeated crimes. Nevertheless, the Defendant attempted to deceiving the State agency by submitting forged documents to the court and the prosecution. Nevertheless, not only during the investigation process but also during the first instance trial process, the Defendant attempted to deny each of the crimes of this case and to transfer his liability to the victim without prejudice, and multiple criminal records, including the record of having been sentenced to imprisonment with prison labor for a criminal case related to “F”, etc., are disadvantageous to the Defendant.
However, the fact that the Defendant recognized the crime in the past when it comes to the trial, and that it is against the fact that the Defendant would no longer cause or intervene in the dispute related to the “F,” and that each of the crimes in this case appears to have failed to obtain real benefits, and that equity with the case where each of the crimes in this case is to be judged simultaneously with each of the crimes for which the judgment has become final and conclusive, etc. should be considered in favor of the Defendant
In full view of all the circumstances revealed in the records and arguments, such as the above-mentioned normal relation, the age, character and conduct, the environment, the background of each of the crimes in this case, and the circumstances after the crime, it is determined that the sentence imposed by the court below is somewhat inappropriate.
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.
Criminal facts
The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.