beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
An application for remedy by an applicant for remedy shall be dismissed.
Reasons
1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.
2. The fact that the amount of damage caused by the instant crime exceeds KRW 60 million is an unfavorable circumstance to the Defendant.
However, considering the favorable circumstances, such as the fact that the defendant led to the confession of all of the crimes in this case, the defendant made efforts to recover from damage, such as deposit of KRW 18 million for the victim in the trial, and the fact that there is no specific criminal punishment in addition to the suspended execution of imprisonment due to the violation of the Illegal Check Control Act, and other various circumstances that form the conditions for sentencing as shown in the argument in this case, such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime, it is judged that the punishment imposed by the court below is unreasonable.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 32(1)1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Orders for Compensation (the application for compensation can be filed until the pleadings of the court of first instance or the court of second instance are concluded pursuant to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc.). The application for the order for compensation of this case was filed on May 22, 2020 after the closing of pleadings