beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a year and a fine of KRW 1,00,000.
The above fine shall be imposed on the defendant.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. In light of the fact that the accused committed each of the instant crimes even though he/she was punished several times as fines for the same crime, it is necessary to strictly punish the accused in light of the fact that the accused committed the instant crimes, the contents, methods, frequency of the crimes, the number of victims, the amount of damages, etc.
However, in full view of all the circumstances such as the defendant's confession of each of the crimes in this case and life in custody for about four months, the defendant made an agreement with the victim E, G, M, T, W, and 40,000 won at the court below, the defendant deposited 40,000 won to the victimJ in order to deposit the victim's U and V in the trial. The defendant was suffering from all the victims' agreement or the amount of damage by agreement with the victim's U and V, the defendant suffered from friendly disease, detailed unknown coercion disorder, mental and behavior disorder, and the recent medical treatment by taking advantage of medicine, etc., the defendant's age, character and behavior, living environment, family relation, motive, means and result of the crime, etc., the defendant's argument of unfair sentencing is justified, and thus, the defendant's argument of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the crime, respectively;