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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (one year and four months of imprisonment) is deemed too unhued and unreasonable.
2. The circumstances are favorable to the Defendant, such as the following: (a) the Defendant recognized each of the instant crimes itself; (b) the Defendant has yet to be young and is likely to lead a conscientious life in good faith; and (c) the Defendant appears to have the symptoms of depression, editing, and mental fission; and (d) the Defendant appears to have the symptoms of depression.
However, it is difficult to see that the defendant's mistake is against the victim's authenticity, such as recognizing each of the crimes of this case itself while revealing the enemy's mind. ② The defendant has been punished three times for the same crime and has been punished twice for suspension of execution, etc. ② The defendant committed each of the crimes of this case repeatedly for unspecified victims without being aware of it even though it is a repeated crime period. ③ The amount of damage is 14 million won in total and Japan, and most of them have not been recovered, but the defendant did not agree with the victims because he did not take any measures for recovery of damage up to the trial, and the defendant did not agree with the victims because he did not take any specific measures for recovery of damage, and all of the sentencing conditions in the records and arguments such as the defendant's age, family environment, circumstances before and after the crime, etc. are considered unfair.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts and evidence against the defendant recognized by the court is identical to the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;