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The judgment below
Part on the third crime in the judgment shall be reversed.
The defendant is punished by imprisonment with prison labor for not less than two months.
Reasons
1. The summary of the grounds for appeal (e.g., punishment No. 1: fine No. 1: fine No. 200,000, and punishment No. 2: imprisonment with prison labor for 4 months, and punishment No. 3: 6 months) of the lower court is too unreasonable.
2. Determination
A. It is reasonable to respect the first and second crimes as indicated in the judgment of the court below where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the argument in the instant case, the lower court’s sentencing is too excessive and so it does not seem that the lower court exceeded the reasonable scope of discretion.
B. As to the third crime in the judgment of the court below, the defendant agreed with the victim F in the trial.
[Unjustifiable circumstances] The defendant is not good to commit a crime by deceiving the above victim as he/she was a woman while living abroad while living abroad.
Defendant was punished for the same crime, and committed this part of the crime during the suspension of execution due to robbery, injury, etc. in the judgment.
In full view of the above circumstances, Defendant’s character and conduct and environment, motive, means and consequence of the crime, circumstances after the crime, and criminal records, etc., the lower court’s punishment for the crime No. 3 in its holding is somewhat heavy.
3. The appeal concerning the part concerning the crime No. 1 and No. 2 in the judgment of the court below among the judgment of the court below is without merit, and each appeal concerning the part concerning the crime No. 3 in the judgment of the court below is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Since the appeal concerning the part concerning the crime No. 3 in the judgment of the court below is with merit, the part