beta
Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
The punishment of the accused shall be determined by six months.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.
2. The instant fraud in the judgment did not reach an agreement with the victim, with the amount obtained by deceit exceeds KRW 30 million.
There are many criminal offenses against the defendant in violation of the Act on the Establishment of Local Reserve Forces.
This is disadvantageous to the defendant.
On the other hand, the defendant led to the confession of the crime of this case, and his mistake is divided.
After the judgment of the court below was rendered, 15 million won was deposited for the victim.
There is no criminal conviction or fine exceeding the same type of fraud or fine for the defendant.
The defendant actually disbursed part of the amount received from the injured party for the collection of the admission screening data.
The defendant is in a position to support his or her married couple.
In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is unlimited and deemed unfair. As such, the Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of facts constituting a crime and evidence recognized by the court are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes
1. Relevant Article 347 (1) of the Criminal Act, Article 347 (1) of the Act on the Establishment of Local Reserve Forces and Article 15 (9) 1 and Article 6 (1) of the Act on the Establishment of Local Reserve Forces, the selection of imprisonment for each crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;