The part against the defendant shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that this shall not apply.

2. It is recognized that the nature of each of the crimes of this case is bad in light of the form, method, frequency, etc. of each of the crimes of this case, the total market value of the stolens acquired exceeds 288 million won, and the fact that the victim did not receive any instruction.

However, in light of the fact that the Defendant made a confession of all the crimes and divided his mistake in depth, the Defendant did not have any particular record of crime except for the Defendant who was ordered to suspend indictment one time for the crime of acquiring the head of office office in around 2015, the Defendant deposited 17 million won for the victim company in the first instance trial, the damaged part was returned, the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. Accordingly, the part of the judgment of the court below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed as the defendant's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence acknowledged by this court is identical to the corresponding column of the judgment of the court below, except for the deletion of the "joint defendant prior to separation as referred to in the preceding paragraph" as stated in the fourth 8th of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 362 of the Criminal Act and Article 362 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes with the punishment stipulated in the crime of acquiring stolens, No. 5 times a year again, which is the largest punishment, [the aggravated punishment for concurrent crimes, No. 5 times a year again, referred to in paragraph (2)];

1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the failure to reverse the judgment above);

1. Article 62-2(1) of the Criminal Act, the Act on the Protection, Observation, etc. of Social Service Orders;