공전자기록등위작등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.
2. Each of the instant crimes against the victim K is deemed to have repeatedly used violence against the said victim who is female, and the crime is bad in light of the period of the crime and the method of the crime, and thereby, the said victim seems to have suffered considerable mental impulses, etc. are considered to be disadvantageous to the Defendant.
However, in full view of the favorable circumstances such as the Defendant’s denial of each of the instant crimes at the lower court’s trial, which led to the Defendant’s confession of all of the instant crimes and reflects the Defendant’s mistake in depth, that was the first instance court’s agreement with the Victim K, that was the primary offender, that was the result of the Defendant’s failure to manage and supervise within the unit pertaining to the grant leave, and the motive, background, means and method of the instant crime, circumstances before and after the instant crime, and other various circumstances such as the Defendant’s age, character, behavior, career, environment, etc. as indicated in the instant argument, it is recognized that the sentence of the lower court is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, and Articles 227-2, 34(1) (a) of the Criminal Act that prescribes the option of punishment, Articles 229, 34(1) (a) (the use of an electronic recording) and 257(1), 284, and 283(1) of the Criminal Act that prescribes the freedom of carrying dangerous articles, shall be punished by imprisonment;