beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In addition, there are extenuating circumstances, such as the fact that the judgment defendant had a record of criminal punishment several times including the same crime, that the crime of this case was committed during the suspension of execution due to the same crime, and that considerable time has been spent until the victim was recovered from damage.
However, the defendant recognized the crime of this case and against his mistake, and the crime of this case received 60 million won as the down payment when the defendant ordered the removal construction and sold scrap metal generated by the order of the removal construction to the victim. Although there is a mistake of deceiving the victim as if the contract was completed for the removal construction work, the defendant seems to have been at least at least at the negotiation stage of the contract for the removal construction work, it appears that he had reached an agreement with the victim later.
In addition, if all of the sentencing conditions shown in the records and theories of this case, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are taken into account, the punishment sentenced by the court below is too unreasonable.
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, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as stated in 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. The punishment as ordered shall be determined by taking into consideration the fact of reversal prior to the reason for sentencing under Article 347(1) of the Criminal Act applicable to the pertinent criminal facts and Article 347(1) of the Criminal Act.