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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Circumstances unfavorable to the judgment on the grounds of appeal: The defendant has been punished once by a fine for fraud and twice the suspension of execution.
The favorable circumstances: The defendant denied the part of the crime of damage to property in the court below, but the defendant recognized the whole of the crime of damage to property in this case including the crime of damage to property in the first instance.
There seems to be some circumstances to consider the background of the instant crime.
The victims do not want to be punished for the defendant by agreement with all victims when the defendant was in the first instance.
In light of the aforementioned unfavorable circumstances, including favorable circumstances, the Defendant’s age and character environment, relationship to victims, motive means of crime, results of crime, and other various sentencing conditions and the scope of recommended sentences according to the sentencing guidelines (one month to one month) indicated in the instant arguments and records, including the circumstances after the commission of crime, it is recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s improper assertion of sentencing is reasonable, while the prosecutor’s improper assertion of sentencing is without merit.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows (the prosecutor's appeal is without merit, and so long as the judgment of the court below is accepted and reversed, the prosecutor's appeal is dismissed separately from the disposition). 【Grounds for the new judgment of the court's reasoning] The summary of criminal facts and evidence is identical to each corresponding part of the judgment of the court below, and the summary of evidence is identical to those of the judgment of the court below, thereby citing it pursuant to
Application of Statutes
1. Criminal facts;