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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
No. 1 of the date of seizure (No. 1 of the certificate).
Reasons
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. On the other hand, the Defendant was punished more than five times for the same type of crime, and the Defendant was punished for the same kind of crime as stated in the first head of the lower judgment, and committed the instant crime within the period of repeated crime, and the nature of the crime is very poor. Therefore, the Defendant needs to be punished corresponding thereto.
However, considering the fact that the defendant recognized the crime of this case, the fact that some victims do not want the punishment of the defendant, and the amount of damage, the age, character and conduct, environment, family relationship and circumstances after the crime of this case, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant and his defense counsel's allegation of unfair sentencing is justified.
3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 32, 331 (1), 330, 329, and 342 of the Criminal Act applicable to the facts constituting an offense;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;
1. Article 333 (1) and (2) of the Criminal Procedure Act for return and issuance of victims;