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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable, because of the gist of the grounds for appeal
(2) On the date of the third trial of the trial, the Defendant withdrawn the assertion of mistake in the grounds of appeal on the grounds of appeal on the grounds of appeal. The judgment of the court below is recognized that the Defendant was punished once by fraud, and there was a history of fine, suspension of execution, and punishment, and that the amount of damage in this case exceeds 58 million won, and that the amount of damage in this case was a larger amount than that of 58 million won, but the Defendant and the victim agreed to the only extent at the trial. The damage in this case appears to have been most recovered, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the instant records, such as the circumstances after the crime, are considered to be unfair.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.
Criminal facts
The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) KRW 69,75,000, which is 2-2,000 under the criminal facts of the judgment of the court below as KRW 58,262,05; and (b) the summary of the evidence as stated in the relevant column of the judgment of the court below, with the exception that the Defendant’s partial statement in the first place as “1. The Defendant’s oral statement in the trial as of January 1, 200,” respectively, shall be cited pursuant to
Application of Statutes
1. Relevant Article 355 (1) of the Criminal Act and the choice of punishment for the crime;
1. Article 62 (1) of the Criminal Act on the suspended execution (average circumstances in favor of the grounds for reversal of this case);