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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 sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.
2. Although the size of the defraudation of this case was not small and the defendant had a record of criminal punishment several times for the same crime, there is a disadvantage to the defendant. However, in light of the fact that the defendant was late at the trial, the defendant's mistake was recognized and reflected as well as other sentencing conditions appearing in the argument of this case, such as character, age, environment, motive and background of the crime, means and scale of the crime, relationship with the victim, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as follows. The summary of the evidence in the judgment of the court below is as follows: (a) except for the deletion of the facts constituting an offense and the facts constituting an offense, which are acknowledged by this court; and (b) the first instance court’s “the Defendant’s partial statement” in the first instance court’s protocol as “the Defendant’s trial statement”; and (c) deletion of
Application of Statutes
1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;
1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);