beta
Text
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a term of one year and two months; and
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the court below has the record of punishing the defendant as a crime of the same kind. The crime of this case was committed in this case. The defendant stolen the victim D's goods, stolen the documents in the victim's resident registration certificate, and opened a passbook and a credit card, etc. by using the stolen documents, and used them indiscreetly in a short period by obtaining loans from the above victim. The defendant attempted to purchase the goods with a credit card in the above victim's name, and forged and used the documents in the above victim's name again in order to cancel the attempted use due to the suspension of use of the card, and the crime's nature and crime is not good. Although the defendant did not reach an agreement with the victims even though the amount was reasonable, the defendant did not have the record of criminal punishment for the last ten years. The defendant recognized the crime of this case, the defendant raised a child neglected, and the defendant's age, character and behavior, environment, family relationship, etc., and various circumstances that are the conditions for the punishment of this case after the crime are too unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The criminal facts recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment of the court below, except that the "victim R" in Part 6 of the judgment of the court below is changed to "victim D" and the "1. Report on Domestic History (Crime A)" is added to the summary of the evidence in the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The laws and regulations;