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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the prosecutor applied for changes to the contents of “1,940,00 won” in the attached crime list as “1,00,000 won” in the second part of the facts charged in the instant case as “ November 21, 2012,” and “11,99,000 won” in the last part of the facts charged in the instant case as “10,000 won” in “11,99,000 won” in the attached crime list as “10,000 won,00 won,” and the judgment of the court was changed to the subject of the judgment by permitting it, and thus the judgment of the court was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows after hearing.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence recognized by the court are identical to the facts constituting an offense in the original judgment, except for the change of facts constituting an offense as stated in paragraph (2) and thus, they are quoted in accordance with Article 369
Application of Statutes
1. Regulatory circumstances, such as the pertinent legal provision on the crime and Article 347(1) of the Criminal Act’s choice of punishment (a comprehensive determination of imprisonment), for the reason of sentencing, the amount of damage to the crime of this case reaches KRW 11,89.40,00,000, most of the damage amount has not been repaid, the defendant has been sentenced to a suspended sentence of two years for the same crime in 2007, and the victim wanted to be punished for the same crime, and there seems to be against the defendant’s recognition of and against the crime of this case. 50,000 won per month before the defendant is detained from January 25, 2014.