Text
The judgment below
The part of the defendant's case shall be reversed.
The defendant shall be punished by imprisonment with prison labor for not less than six months for the first to five crimes as stated in the judgment below.
Reasons
1. The summary of the grounds for appeal (a two-way) asserts that the defendant's imprisonment (10 months of imprisonment with prison labor for crimes Nos. 1 through 5 in the original judgment and two-year and eight months of imprisonment with prison labor for crimes Nos. 6 or 9 in the decision of the original court) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair.
2. Determination on the grounds for appeal by the defendant and prosecutor
A. As to the crimes of Articles 1 through 5 of the holding of the court below, the part of the defendant committed the crime repeatedly against 13 victims under the pretext of the Internet transaction, and acquired approximately KRW 3,589,00,00 against them, and each of these crimes committed an injury requiring medical treatment for 42 days to the victim U.S., each of the above crimes was committed while the defendant was tried at an appellate court due to the joint injury crime committed on December 10, 2017, and each of the above crimes was committed while the defendant was under trial at an appellate court due to the joint injury crime committed on December 10, 201, the part of the damage caused by the fraud was not recovered, and the records of punishment for the crime committed by violence
On the other hand, the defendant's mistake against the defendant, and the defendant's agreement was reached with the victim of the crime of joint injury in the first instance, and the agreement was reached with three victims of the crime of fraud (a total of 7.8 million won), each of the above crimes is in a concurrent relationship with the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the latter part of Article 37 of the Criminal Act, which became final and conclusive on November 16, 2018, and the defendant's family members are leading and protecting the defendant.
In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment is deemed to be too unreasonable.
B. On the part of the crime of Articles 6 through 9 of the decision of the court below, the defendant committed the crime of fraud repeatedly against 36 victims under the pretext of Internet transactions, and acquired approximately 8,3170,00 won, and each of the crimes of this part which inflicted an injury on 4 victims, the victim Y suffered an injury requiring treatment for 42 days, and each of the above crimes.