장물보관등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
The seized Micro SD 4GB.
1. The main point of the grounds for appeal is that the punishment of two and a half years of imprisonment sentenced by the court below is too unreasonable.
2. Each of the crimes against victim D is a case where the defendant, who acquired money from the victim, has continuously transmitted text messages that cause fears to the victim who was requested to return the money by deception, and furthermore, the defendant tried to commit an additional crime by threatening the victim as if he would spread a dynamic image that taken the face of sexual intercourse with the victim, and the nature of the crime is very poor; the defendant has been punished several times due to the acquisition of stolen goods, fraud, violence, etc.; the defendant committed each of the crimes of this case during the repeated crime period in which he was released from prison due to special larceny, etc.; and the defendant committed each of the other crimes of this case without being aware of the fact that he committed the crime of this case even though he had been tried in the first instance due to the crime of keeping stolen goods of this case; in view of the fact that the defendant committed the remaining crimes of this case without being aware of it.
However, when the defendant was in the trial, it is against the judgment of the court below that all of the crimes are recognized and erroneous, and that the defendant agreed with L, which is the victim of the crime of bodily injury, and that the defendant agreed with D, which is the victim of the crime of bodily injury, was smoothly agreed upon. In full view of the circumstances of each of the crimes of this case, circumstances after the crime, the defendant's age, character and conduct, and family relations, the punishment of the court below is too unreasonable.
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 summary of the facts charged and the evidence presented by this court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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