Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. It is recognized that the defendant committed each of the crimes of this case during the period of a repeated crime for which one month has not passed since the defendant was sentenced to one fine, three times of suspension of execution, and three times of punishment, as well as since he was sentenced to imprisonment for the same kind of crime, and one month has not passed since he was sentenced to imprisonment for the same crime.
However, considering the following factors: (a) the Defendant led to the confession of all crimes; (b) the amount of damage was not significant; (c) the Defendant agreed with the victim at the time of the conviction; and (d) the Defendant’s age, sexual conduct, environment; (b) the motive, means, and consequence of each of the instant crimes; and (c) all of the sentencing conditions stated in the pleadings of the instant case, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.
3. According to the 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 well-grounded, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 319(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of imprisonment for a crime
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. It is so decided as per Disposition on the grounds that Article 37 (former part), Article 38 (1) 2, and Article 50 (an aggravated punishment as provided for in the most severe larceny) of the Criminal Act is more than that of concurrent crimes;