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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 summary of the grounds for appeal (a two-way imprisonment) by the court below is too heavy or unreasonable.
2. The instant case is a crime related to the so-called “singishing,” and is planned and organized for many unspecified persons, and has a substantial adverse effect on society, and its nature is not very good. In particular, the instant case seems to have a new type of “singishing,” and its risk is more likely to be increased.
However, in light of all the sentencing conditions, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., it is acknowledged that the sentence of the court below is too unreasonable and unfair, and it cannot be deemed unfair because it is too unfeasible, in light of the following: (a) the defendant was committed in the first instance, and there is no record of domestic crime against the defendant; (b) the defendant was paid a certain amount to the victims when the defendant was in the first instance; and (c) the victims were not willing to be punished by the defendant.
3. As such, the Defendant’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 the Defendant’s appeal is again decided as follows after pleading (inasmuch as the Prosecutor’s appeal is groundless, but the Defendant’s appeal is accepted and the judgment of the court below is reversed, the Prosecutor’s appeal shall not be dismissed separately from the order). 【Grounds used again” The summary of the facts constituting the crime and the evidence acknowledged by the court in this case is identical to each corresponding column, except for adding “the Defendant’s present court statement” to “a summary of evidence” among the judgment of the court below. As such, it is cited as it is in accordance with
Application of Statutes
1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;
1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;