beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence sentenced by the lower court to the Defendant (ten months of imprisonment) is too unhued and unreasonable.
2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake is against himself; (b) there is no record of criminal punishment in the Republic of Korea; (c) the Defendant’s actual acquisition profit is much smaller than the amount of damage; and (d) the Defendant deposited 2 million won each in the name of the victims of damage reimbursement.
However, the crime of this case was committed by multiple victims with a considerable amount of money for the benefit of the defendant, and the method of the crime and the nature of the crime is not good, the victims reached 12 persons and the total amount of damage is considerably large to KRW 440,000,00,000,000, and even if the victims acquired the ownership of the freezing, as long as it is impossible to carry out delivery services, the remaining value of the freezing train seems to be considerably small compared to the total amount of the lease fees. The amount deposited by the defendant alone is insufficient to recover victims from damage, and considering the sentencing conditions stated in the records, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, it appears that the sentence of the court below is unreasonable to be too uneasible.
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 the following is ruled again.
( long as an appeal by a prosecutor is reversed on the grounds of its reasoning, the appeal by a defendant shall not be dismissed separately). (Reasons for multi-use judgment) Criminal facts and summary of evidence are identical to that of the judgment below, and thus, the summary of criminal facts and evidence against the defendant recognized by this court is identical to that of each corresponding column of the judgment below.