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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 court below (6 months of imprisonment and 2 years of suspended execution) is too unhued and unfair.
2. Determination
A. The scope of the recommended punishment and the criteria for the suspension of execution [the scope of the recommended punishment] set out in the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment / [10 million won]] the reduction area (one month to one year), the special mitigated person] / the case where the degree of the deceptive act is weak / [the criteria for the suspension of execution] major factors - The case where the act of deceptive act is committed or the degree of the deceptive act is weak : In the case where the act of deceptive act is committed or the act of deceptive act is weak / In the case where the amount of actual loss is considerably small or considerable damage is recovered at least twice, there is no positive factor that there is no previous conviction or no effort to recover damage:
B. Specific judgment is favorable to the defendant, such as the fact that the defendant recognized the crime and reflected it, and that the defendant actually committed the crime in the course of operating the private letter and the degree of deception is relatively weak.
However, there is a criminal record of the suspension of the execution of imprisonment for the same crime against the defendant, and there are other records of criminal punishment several times for other crimes, such as deception by three victims under the same law, and the responsibility for the crime such as deception by deception, and the defendant did not agree with the victims, and even if this court had given an opportunity to pay damages to the defendant, it does not seem that the defendant made efforts to do so.
In addition, in full view of the Defendant’s age, career, sex, environment, the size and place of use of the money obtained by deception, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, and the sentencing guidelines of the sentencing committee of the Supreme Court as seen earlier, the punishment imposed by the court below is too unfasible and unfair.
Therefore, prosecutors.