Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable in light of the following: (a) the Defendant both recognized and reflected the instant crime; and (b) the Defendant agreed smoothly with the victim E, etc.
2. The judgment of the defendant has a number of criminal records of the same kind, and the defendant committed each of the crimes in this case within one month after being sentenced to the same kind of crime, and the defendant seems to have a high risk of recidivism.
However, in full view of the fact that the defendant all of the crimes of this case is recognized and against the defendant, that the court below agreed with the victim E, and the additional agreement was reached in the court below only with the victim of this case, that most of thiefs were recovered, and the defendant's age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., all of the sentencing conditions in the arguments of this case, such as the circumstances after the crime, are too unreasonable.
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 reversed and it is again decided as follows
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is 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.
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 concerning the crime committed;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, Article 50, and the proviso to Article 42 of the Criminal Act [aggravated Punishment, etc. of Specific Crimes (aggravated Punishment of Concurrent Crimes)]
1. Comprehensively taking account of various sentencing conditions prior to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account the following factors.