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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Seized evidence No. 5 shall be forfeited from the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one and half years of imprisonment, and confiscation) is too heavy.
2. The Defendant had a record of having been punished several times for the same crime, and the crime of this case also committed during the same repeated crime period, and the liability for such crime is not somewhat weak.
However, the defendant led to the confession of each of the crimes of this case and the failure to repeat the crime.
The amount of damage is not so significant.
The victims do not want to be punished by the defendant, after full repayment of the amount of damage to the victims and mutual consent.
The defendant made efforts to return to society, such as acting as an agent after release, but dismissed, seems to have committed the crime of this case in order to prepare living expenses, and there are some circumstances to consider the circumstances.
In addition, considering the various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, the sentence imposed by the court below is somewhat heavy.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 330 of the Criminal Act concerning the facts constituting an offense;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;