beta
Text
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant shall be punished by imprisonment for a year.
Reasons
1. The court below rejected each applicant’s application for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation was unable to file an objection, and the part of rejection of the above application for compensation became final and conclusive immediately.
Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.
2. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.
3. In light of the method of each of the crimes in this case and the contents of each of the crimes in light of the following facts: (a) the defendant has no record of punishment except for minor fines, and (b) the defendant has committed all of the crimes in this case and reflects his mistake in depth; (c) the victims have not been punished against the defendant; and (d) it is difficult for the victims to deny that the victims have some responsibility for each of the crimes in this case, including the following facts: (a) the defendant's age, occupation, sex, sex, environment, family relationship, motive, means and consequence of each of the crimes in this case; and (b) the defendant has no record of punishment except for minor fines; and (b) the defendant has reached a unanimous agreement with all of the victims except M among the six victims in this case; and (c) it is difficult for the victims to deny that they have some responsibility for each of the crimes in this case. In full view of all other circumstances, the court below's punishment is too unreasonable.
3. Thus, the defendant's appeal is with merit, and the part of the judgment below which excludes the rejection part of the application for compensation among the court below's decision pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and it is again decided as follows.
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.