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The judgment below
The part concerning each crime of No. 1-A and No. 2-A of the ruling shall be reversed.
No. 1 of the judgment of the defendant.
Reasons
1. The summary of the grounds for appeal (each of the crimes referred to in A and B-A at the time of sale: Imprisonment with prison labor for 4 months and each crime referred to in B and 2-B of the judgment: imprisonment with prison labor for 2 months) is too unreasonable;
2. The fact that the Defendant’s mistake is divided and reflected in the past, there is no record of punishment for the same crime in the past, and the fact that the Defendant deposited money equivalent to the amount of money acquired by deceit for victims at the trial court, etc., shall be considered as a favorable circumstance that is common to each crime committed against the Defendant. However, it is not good that the crime is committed by the Defendant, such as taking the proceeds of goods against many unspecified victims at the Internet site, and the Defendant was sentenced to two months of imprisonment with prison labor at night, such as intrusion of structure and larceny at night, etc. at the Busan District Court on September 24, 2015 and was detained in the court for the first time on November 22, 2015.
On the other hand, with respect to the crimes of Articles 1-A and 2-A as indicated in the judgment, each of the above crimes is in a concurrent relationship with night buildings, intrusion theft, etc., which became final and conclusive on February 25, 2016 under the latter part of Article 37 of the Criminal Act, and considering the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and various sentencing factors as shown in the trial process, such as the records and results of the crime, etc., the punishment imposed on the crimes of Articles 1-A and 2-A as stated in the judgment of the court below is somewhat unreasonable. Thus, this part of the defendant's allegation of unfair sentencing is justified, and since the sentence imposed on each of the crimes of Articles 1-b and 2-B as stated in the judgment of the court below is too unreasonable, this part of the defendant's assertion of unfair sentencing is without merit.
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