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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. However, the Defendant did not perform the improvement of character and conduct in seven times of punishment due to the same crime, and committed the crime of several similar methods during the period of repeated crime.
However, in view of the favorable circumstances, such as the fact that the Defendant recognized the crime, the fact that the cashier’s checks, which are stolen, have been seized, and other factors of sentencing, such as the Defendant’s age, character and conduct, environment, frequency of crimes, and circumstances after the crime, the lower court’s punishment is somewhat heavy, and thus, the above argument by the Defendant is reasonable.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
【The reasons for the judgment in multiple cases】 The facts constituting a crime and the summary of the evidence recognized by the court are identical to the facts constituting a crime of the court below and the summary of the evidence. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act [Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes is reasonable to view the special provisions of Article 35 (2) of the Criminal Act in accordance with the proviso to Article 8 of the Criminal Act in light of the establishment of aggravated punishment, the prevention of double evaluation, and the necessity of interpretation consistent with the Constitution, etc. Thus, the aggravation of repeated crimes under Article 35 (2) of the Criminal Act is not separate
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Determination of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act on discretionary mitigation of punishment shall be based on the same reasons as indicated in the judgment on the allegation of unfair sentencing on the grounds of sentencing.