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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for nine months.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. It is too unreasonable to maintain the sentence of the court below in light of the following factors: (a) the defendant was able to repent and reflect his mistake; (b) there was no record that the defendant was punished in excess of the fine; (c) the victims want not to be punished by the defendant by agreement with the victims; and (d) the victim C is seeking the preference against the defendant in the appellate trial; and (c) the defendant's age, sexual behavior, and environment are comprehensively considered in the arguments of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is again ruled after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(1) (a) of the Criminal Act that prescribes the choice of punishment for a dangerous weapon, and Articles 258-2(1) and 257(1) (a) of the Criminal Act, and Articles 261 and 260(1) (a) of the Criminal Act regarding the crime;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount (the foregoing consideration in light of the circumstances in the above determination);