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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The main point of the grounds for appeal is that the punishment of one year and four months sentenced by the court below is too unreasonable.
2. The crime of this case is acknowledged that the Defendant committed the crime of this case during the grace period without being sentenced to imprisonment with prison labor for ten years from the Busan District Court on August 10, 2010, and C, an accomplice, was sentenced to imprisonment with prison labor for ten months from the Busan District Court.
However, in light of the fact that the defendant recognized all of the crimes of this case as a whole and committed a crime of this case, and against the depth of his mistake, it is deemed that the defendant would not repeat such mistake again, that the degree of damage is not significant, that most of the defendant agreed with the victims, that the defendant's wife including his family members wanted to leave the front of the defendant, that there is no past record of being sentenced to previous punishment, that there is a family member who will support the defendant including his pregnant wife, and that there is service through maritime rescue activities, etc., and that it does not seem to be an activity in the domestic violence organization, etc. at present. It seems that giving a last opportunity rather than sentencing for a considerable period from the prosecution date of this case is helpful for the defendant's rehabilitation, and that it seems that giving a last opportunity rather than sentencing for the defendant has been committed for a considerable period of time, taking full account of all other circumstances such as the defendant's age, environment, family relationship, occupation, circumstances leading to the crime of this case, and the circumstances after the crime, etc., the sentencing conditions shown
Defendant’s assertion is with merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit.