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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
The judgment of the court below in the first crime against the defendant is written.
Reasons
1. The summary of the grounds for appeal (10 months of imprisonment and one year of imprisonment) by the lower court is too unreasonable.
2. The following determination is an unfavorable circumstance to the Defendant.
The defendant has a record of criminal punishment for the same crime several times.
In particular, the suspended sentence of imprisonment was imposed for the same crime, and the crime of this case has been continuously committed without any reflect even after the sentence of the first instance court.
The instant crime was committed against many unspecified victims during a short period of time, and the nature of the crime is not good, and the victims are more than 70 persons and the amount of damage is more than 17 million won.
There has yet to be a significant portion of the amount of damage not recovered.
On the other hand, the following conditions are favorable.
At the time of the trial of the first instance, an agreement was made with one victim, and a total of 4,56,000 won was deposited with seven victims, and more than 18 victims deposited 4,820,000 won and made efforts to recover damage.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.