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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The sentence of the lower court (one year and ten months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. The crime of this case by deceiving the victims, by deceiving them with money or goods sales proceeds, and 9.8 million won under the pretext of loans, while the defendant illegally uses another person's identification card without a driver's license and then damages three victims in the course of his duties and room while driving a siren, the crime of this case is heavy in light of the contents of the crime, the defendant did not agree with the victims, and the defendant committed the crime of this case at the same time during the period of repeated crimes of the same kind, and the defendant committed the crime of this case against the victim.
However, there seems to be relatively clear social ties between the defendant and the defendant, such as the confession of the crime of this case and the fact that the amount of damage caused by the crime of this case is not so significant, that the defendant suffers from the depression, that these symptoms are likely to have contributed to the occurrence of the crime of this case, that the defendant's wife was applied to the defendant, and that there seems to be relatively clear social ties between the defendant and the defendant, and that the defendant has grow up in an unstable environment in which the defendant was faced, but it will not be re-offender
In light of the fact that it is hard to say that the sentence of the court below is too unreasonable because of the fact that the defendant's age, sexual conduct, environment, etc., and all other circumstances constituting the conditions for sentencing as shown in the argument of this case, it does not seem that the sentence of the court below is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;