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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (three-year imprisonment) of the lower court was too unreasonable and the Defendant and his defense counsel explicitly withdrawn the assertion of mistake of facts on the first trial date.
2. In light of the fact that the court below, as stated in the circumstances unfavorable to the defendant, the crime was committed against many unspecified victims due to the organized fraud, and most of the acquired amount by the defendant, and took part in the crime by threatening E with low social experience, the crime is very poor, and the damage has not yet been recovered even though the amount of damage is reasonable, and the necessity of severe punishment for the crime of Bosing is considered, it is inevitable to sentence the defendant with sentence on the crime.
However, in light of the Defendant’s age, sex, environment, and circumstances after the crime, etc., the sentence of the lower court against the Defendant is too unreasonable, as it is too unreasonable, considering the following factors: (a) there is no history of punishment exceeding a fine; and (b) there is no direct deception; and (c) there is no participation in the direct deception; and (d) there are other factors for sentencing indicated in the records of the instant case, such as the Defendant’s age, sex, environment, and circumstances after the crime.
3. Thus, the defendant's appeal is reasonable, and the part of the judgment below except the compensation order among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
[Re-written judgment] The facts constituting an offense and the summary of the evidence acknowledged by the court and the summary of the evidence are as follows: (a) except where the court below stated “1. The Defendant’s partial statement” as “1. The Defendant’s own court testimony” as “1. The Defendant’s own court testimony” under Article 369 of the Criminal Procedure Act, and thus, the gist of the facts constituting an offense and the summary of the evidence is cited as it is.
The application of legislation;