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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a punishment of imprisonment with prison labor for a year and six months, and that the prosecutor asserts that the court below's punishment is too uneasible and unfair, and that the defendant's punishment is too unreasonable.
2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing.
In light of the above defendant's past records and personality and behavior, it is necessary to give strict warning to the defendant in light of the fact that the defendant repeats the crime of this case, and the risk of recidivism is likely to occur in light of the method of the crime and the frequency of the crime and the scale of the damage.
However, in full view of the following circumstances, i.e., the defendant was detained for not less than 7 months in this case, and the defendant has an opportunity to reflect on the judgment before the first head of the judgment in this case, and after considering equity in cases where the defendant was judged at the same time before the first head of the judgment in this case and whether to reduce or exempt from punishment, the sentence should be determined. Above all, the defendant agreed at the court below to pay 2 million won to the victim in installments each month after the defendant paid the remaining amount, and the victim also agreed with the victim to pay the victim in installments each month, and the victim has continued to pay the damages at the time when the defendant was released. The defendant was released on bail at the court below, and the defendant actually paid 4.22 million won in total to the victim after the release at the court below, the M, which is the seat of the defendant who guaranteed the defendant's obligation at the time of the above installment payment agreement, and the defendant's birth of the defendant at the court below's trial, and the motive and circumstances of the crime in this case, the defendant's age and circumstances.