Text
The remaining judgment of the court below, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. The sentenced by the court below to the summary of the grounds for appeal (four years of imprisonment) is too unreasonable.
2. The Defendant, based on the judgment, repeatedly committed the same kind of crime and repeated crime of the same kind (the Defendant was punished several times as a crime, such as fraud and larceny, and the Defendant was sentenced to three years of imprisonment and one year of imprisonment due to the last crime, and committed the same kind of crime immediately after the execution of the sentence was completed on or around December 2019. Each of the instant crimes is difficult to deem that the Defendant committed the instant crime as a living-type crime. Moreover, even if the Defendant has led to the confession of all of the instant crimes. Meanwhile, the level of damage caused by the instant fraud and larceny and the criminal proceeds are not large. In particular, even though the Defendant was aware that the truck owned by the applicant for a compensation order was stolen and damaged and the truck was returned to the applicant for a compensation order, the amount of damage was not entirely the value of the truck, but is equivalent to the repair cost (the cost of repair order was not specified and thus the Defendant dismissed the application for compensation order on the ground that the repair cost was not specified).
In light of the motive and background of each of the crimes in this case, method and consequence, circumstances after the crime, age, character and conduct, environment, family relationship, etc. of the defendant and the results of the application of the sentencing guidelines of the Sentencing Committee (one year and six months of imprisonment) by the Sentencing Committee, etc., the sentence of the court below is too unreasonable. 3. As such, the defendant's appeal is justified, and the judgment below (excluding the part of the compensation order) is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the summary of evidence is identical to the facts constituting the crime and the summary of evidence recognized by the court below and the summary of the evidence are identical to each of the corresponding columns of the court below.