The judgment below

The part of the case of the defendant is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.

2. The judgment is recognized that the Defendant, who led to the confession of the crime, repents his mistake, has no particular record of crime as well as the punishment twice by a fine due to drinking driving, and there is no record of punishment for the same crime.

However, the victims of the instant crime are many victims, and the amount of damage exceeds 340 million won in total. Nevertheless, the victims did not have agreed with the victims, and considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and the scope of recommended sentencing guidelines established by the Sentencing Committee, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible and unfair.

3. Accordingly, the prosecutor’s appeal is with merit, and 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 evidence established by this court is as follows: “346,476,80 won” of “346,273,400 won” of “346,273,400 won at the last end of the criminal history in the judgment of the court below; “79 times in total” of “74 times in total”; and “two times in total from the end of the criminal history column” of the judgment of the court below shall be deleted; and the list of crimes attached to the judgment of the court below shall be identical to each corresponding column in the judgment of the court below, except for the case where the list of crimes attached to this judgment is changed to the list of crimes attached to this judgment. Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. The aggravated concurrent crimes are above the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes, No. 23 of the year No. 23 of the List of Crimes with the largest penalty).