beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The 8-month imprisonment sentenced by the court below is too large and unfair.
2. The judgment is based on the fact that the amount of the damage in this case exceeds 70 million won in total, and that the defendant, who has had the record of criminal punishment twice a sentence due to the same fraudulent crime, twice a suspended sentence, twice a fine, and 16 times a fine, committed the crime in this case without being aware of the period of a repeated crime due to the same fraudulent crime, etc., but is recognized as committing the crime in this case. Meanwhile, the defendant recognized all the facts charged in this case and is in profoundly against his mistake. In particular, the defendant agreed with the victim in the trial by taking full account of the following circumstances: the defendant's age, character and behavior, environment, family relationship, circumstances after the crime, etc., and other various circumstances revealed in the records and arguments in this case, the sentence imposed by the court below against the defendant is too unreasonable. Thus, the defendant's assertion is justified.
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.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: ① (a) in the first head of the facts charged in the judgment of the court below, the defendant added “the defendant was sentenced to eight months of imprisonment for fraud at the Daegu District Court on March 11, 2008; and (b) in the Daegu Prison on November 7, 2008, the execution of the sentence was terminated at the Daegu Prison on November 7, 2008.” (c) in the first head of the facts charged in the judgment of the court below, the phrase “as of October 13, 2015,” “as of October 13, 2010,” the phrase “as of October 13, 2010,” the phrase “as of the facts charged in the judgment of the court below,” as evidence of the previous conviction in the summary column of evidence, all other parts are the same as the corresponding column of the court below’s judgment, and thus, it shall be cited as it is in accordance with Article 369 of the
Application of Statutes
1. Criminal facts;