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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
The Seoul Northern District Prosecutors' Office, seized.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the punishment sentenced by the court below (one year and six months of imprisonment, and the return of the victim).
2. The circumstances favorable to the defendant are that the defendant recognized all the facts of the crime, and the new starting point is different, etc.
However, since the defendant had been sentenced to imprisonment with prison labor for more than ten years due to fraud, theft, etc., and immediately committed a crime of the same kind. In this case, even in this case, the defendant was sentenced to imprisonment with prison labor for the same several methods in 2016, and the execution of the sentence was completed on November 9, 2007, which was 6 days after the victim's credit card was acquired and used illegally, and was released after the same date, the defendant again used the victim E, P, and Q-owned goods on the 14th day of the same month, which were 5 days after the same day, without being able to use the stolen credit card for the purpose of living, such as lodging, transportation expenses, etc., and the defendant continued to use the stolen credit card at least 3 million won at once, and there is a concern that the amount of damage to each of the of the crimes of this case would result in a considerable loss to the defendant without any specific living environment, and there is no concern that the amount of damage would result in the defendant's living environment.
In full view of the above circumstances favorable or unfavorable to the defendant, and other various sentencing conditions, such as the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., as mentioned above, the defendant seems to require a more severe punishment, and the sentence imposed by the court below is too unreasonable and unfair.
3. Accordingly, the Prosecutor’s appeal is dismissed.