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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
2. The Defendant did not even have completed the execution of the sentence for the same crime, and again committed the instant crime. The Defendant had the same criminal record including the criminal record.
In light of this point, it seems that the defendant's attitude of law is very serious.
This is disadvantageous to the defendant.
However, the Defendant recognized the instant crime and opposed to it, and agreed with the victim.
The amount of damage caused by the instant crime is relatively small in KRW 820,000,000, and the Defendant repaid KRW 500,000 among them.
This is the circumstances favorable to the defendant.
In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is somewhat unreasonable.
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 ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 351 of the Criminal Act; Articles 351 and 347 (1) of the Criminal Act; the choice of imprisonment for a crime;
1. The sentence is determined as per Disposition on the grounds as examined in the judgment on the unfair argument of sentencing prior to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.