beta
Text
The judgment below
The part on the crime No. 1 or 5 in the judgment of the court is reversed.
The list of crimes in the judgment.
Reasons
Summary of Grounds for Appeal
The punishment of the lower court (two months of imprisonment with prison labor for the crimes listed in the table Nos. 1 through 5 of the attached crime list, and two years of imprisonment for the crimes listed in the table Nos. 6 through 171) is too unreasonable.
Judgment
A. Determination on the part concerning the crime Nos. 1 through 5 of the annexed crime list was not made, and the amount of damage caused by this part of the crime was not repaid, and the Defendant did not have been urged from the victim.
However, the defendant shows that all of these crimes are recognized and reflected.
The crime in this part and the crime records in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the equality between the case to be judged at the same time.
In addition, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions shown in the instant records and trial process, such as the circumstances after the crime, the lower court’s punishment on the part of the crime No. 1 through No. 5 of the annexed List of Crimes is somewhat unreasonable.
B. In light of the fact that the Defendant’s judgment on the part concerning the crime Nos. 6 through 171 in the annexed Table 171 is repeated even during the repeated period after having been sentenced to imprisonment with prison labor for one year and six months as stated in the judgment of the court below on the crime records, and then has been released from the prison, and that this part of the crime is not good in light of the amount obtained by defraudation and the period of the crime, etc. by deceiving the elderly victims, which is the nearest money amount of KRW 200 million repeatedly for several years, and that the crime is not good, it does not seem that the court below’s punishment on this part of the crime exceeded the reasonable scope
Thus, the defendant's appeal against the crime Nos. 1 through 5 of the judgment of the court below is justified. Thus, this part is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows, and the remaining appeal by the defendant is without merit.