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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
12 copies of each seized passbook No. 1, 4, 8 through 12.
Reasons
1. The summary of the grounds for appeal [a sentence of imprisonment with prison labor for one year and two months, for 12 months, for 4, 8, or 17 each head of a Tong, for 5 bank cards, for 2, 3, 5 or 7] is too heavy.
2. The criminal defendant's participation in the judgment is an organized, planned, intelligent, and economically weak social group as the main target of the crime. In addition, it is not easy to conduct ex post facto recovery from damage due to the nature of the crime committed closely by organization, and most of the victims and members of society who were charged with the above crime make it difficult to recover from damage. As a result, it is very poor and high possibility of social criticism because the crime has a serious adverse effect on the trust relationship in the whole society, so there is a need to eradicate the harm caused by severe punishment. The defendant involved in the above three-month amount crime, and 10,760,000 won in total is the sentencing factors disadvantageous to the defendant.
However, the fact that the defendant recognized all of the crimes and reflects on the fact that the court below agreed with the victim Q Q,O, and E and agreed with the remaining victims after the agreement was reached in the trial, that the profit gained by the defendant from the crime is not significant, and that there is no penalty heavier than the fine is an element for sentencing favorable to the defendant.
In addition, considering the various sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, and circumstances after the crime, the sentence of the court below is too unreasonable.
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.
Criminal facts
Criminal facts of the defendant and the summary of the evidence recognized by the court.