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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The judgment defendant committed each of the crimes of this case even though he had been punished several times due to the same kind of crime.
However, the Defendant recognized all the crimes of this case, and divided his mistake.
In the lower court, the lower court agreed with the victim E and the victimJ.
In the past, there was an agreement with the victim C of obstruction of business and assault.
In full view of the above circumstances, Defendant’s character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, etc., the lower court’s punishment is unreasonable.
Therefore, the appeal by the defendant is well-grounded, and the appeal by the prosecutor is without merit.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a defendant is reversed on the grounds that the appeal by the defendant is well-grounded, the prosecutor’s appeal shall not be dismissed separately.” (Dao-written judgment) Criminal facts and summary of evidence recognized by the court and summary of evidence are the same as that of the judgment of the court below. Therefore, it is acceptable
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 81 (1)-2 of the Automobile Management Act, Articles 10 (5) of the Automobile Management Act, the choice of imprisonment for each crime;
1. The main sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent criminal offenders shall be taken into account in the judgment of the above reasons for appeal.