Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.
2. Determination is a favorable circumstance where the Defendant recognized all of his/her criminal acts, and it is difficult to see that the degree of economic damage inflicted on each victim is very significant, and the Defendant has compensated the victim C, D, E, and H for the damage.
However, each of the crimes of this case is that each of the crimes of this case was committed by the defendant through the remittance of 1,33,500 won in total from seven victims under the name of the price for the goods by posting false goods at "B" and "K," which is a mobile application case, and the crime of this case is not appropriate in light of the frequency of crimes, etc., and the victims are likely to have suffered considerable mental suffering as well as economic damage. Nevertheless, the defendant is unable to recover from damage to "victim F, I, and G," and in particular, the defendant was sentenced to one year of the suspension of execution for the crime of obstruction of performance of duties on February 14, 2018, and was sentenced to one year of the suspension of execution (from February 22, 2018 to February 21, 2019) and was committed by the defendant, without being aware of the circumstances of the crime of this case, such as punishment and equality, the defendant's age, character and behavior at the time of the crime, the circumstances of this case, etc.
The prosecutor's assertion of unfair sentencing is accepted.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled
【Reason of the Judgment of the Court for Criminal Fact-finding】 The summary of the facts constituting a crime recognized by this Court is the same as that of the judgment of the court below.