The judgment of the court below is reversed.

A person who commits the crimes of Articles 2 through 5 of the judgment of the defendant shall be punished by imprisonment with prison labor for 11 months, and the crimes of Article 1 of the judgment

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant committed the instant crime during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (damage, etc. to a group deadly weapon) and that the Defendant did not agree with the victims.

B. However, in full view of the facts that the Defendant led to the confession and reflect of the instant crime, deposited KRW 2.50,000 each for the victim G and J in the trial of the party, and other various sentencing conditions shown in the records and arguments, including the Defendant’s age, environment, sexual conduct, motive and circumstance before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act; Article 311 of the Criminal Act; Article 350 (1) of the Criminal Act; Article 314 (1) of the Criminal Act; Articles 314 (1) of the Criminal Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes (as to the offense of insult, extortion, and obstruction of business operation);

1. Article 37 of the Criminal Act to treat concurrent crimes and to exempt punishment: Provided, That Article 39 (1) (limited to the crime of damaging property);

1. Judgment on the grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (excluding each insult, public conflict, and interference with business) of the aggravated concurrent crimes;

2. See the part of judgment