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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for four months.
Reasons
1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.
2. It is recognized that the judgment of the defendant, who led to the confession of all crimes, has divided his mistake, has compensated for repair expenses, has agreed with the victims, has not been significant amount of individual damage, and is suffering from polar disorder.
However, the defendant has been sentenced to three times of fine for the same violent crime and three times of punishment, and the defendant committed each of the crimes of this case during the period of repeated crime for which one month has not passed since he was sentenced to imprisonment for the same kind of crime, and in light of the patterns and methods of each of the crimes of this case, the nature of the crime is not easy, and the crime of assault was committed in a period of five days after the sentence of the judgment of the court below, and it was found in the police box under the influence of alcohol without being aware of it while the trial of the court of this case is pending.
Considering the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses, and the circumstances after the commission of the instant offenses, etc., the lower court’s punishment is too unfasible 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 gist of the facts charged and the summary of the evidence admitted by this court is as follows. The first head of the lower judgment’s criminal history room is as follows: “The Defendant was sentenced to imprisonment with prison labor for one year on July 10, 2014 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Daegu District Court, and completed the execution of the said punishment on February 1, 2015.
“1. Before the judgment,” in the column of the evidence, “1. Before the judgment,” the “written reply to inquiries, such as criminal history, investigation report (in addition to the same type of violent force judgment and the identification data).”