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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant had the record of being punished six times for the same crime, and constitutes a repeated crime of the same kind, and was unable to recover the damage to the victim E.
However, if the crime of this case is committed with larceny for which judgment became final and the concurrent crimes after Article 37 of the Criminal Act, the equity between the concurrent crimes and the judgment should be taken into account, and if comprehensive consideration of the defendant's age, the relationship with the victim, the amount of damage (3970,000,000 won), and various conditions of sentencing as shown in the records and arguments of this case is considered, the punishment of the court below is unreasonable.
3. As a result, the appeal by the defendant 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 as follows after pleading.
[Judgment] The summary of the criminal facts and evidence against the defendant recognized by this court is the first head of the criminal facts, and the first head of the criminal facts was sentenced to the imprisonment with prison labor for special larceny, etc. at the Changwon District Court on October 12, 2004; six months in the same court on April 7, 2005; and on October 16, 2014, the execution of the sentence was completed at the Sungdong Detention House on February 6, 2015, and on November 17, 2017, the judgment became final and conclusive on February 2, 2018.
On October 12, 2004, the defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court on April 7, 2005, which became final and conclusive on June 9, 2005, and the suspended sentence became effective. On October 16, 2014, the defendant was sentenced to a suspended sentence of 10 months of imprisonment with prison labor for larceny, etc. at the Dongdong District Court on February 6, 2015.