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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.
2. Although the judgment of the court below has a record of being sentenced to a fine for the same kind of crime as each of the crimes in this case, there are circumstances unfavorable to the defendant, such as that the victims have not been fully recovered from the damage suffered by the defendant due to each of the crimes in this case, the defendant has been living under confinement for not less than three months due to each of the crimes in this case, and it is hard to deny the same mistake again. Thus, it is more appropriate to promote the prevention of recidivism by treating the defendant within society, such as probation and community service order for a considerable period, rather than continuously confined to the defendant at the time when the confinement period of the defendant has considerably expired, it is difficult to view that each of the victims of each of the crimes in this case has a great amount of damage, and there is no record of punishment heavier than the defendant, and the circumstances favorable to the defendant, such as the motive and background leading up to each of the crimes in this case, circumstances before and after the crimes in this case, age, character and behavior of the defendant, occupation, family relationship, etc., the defendant's assertion unfair sentencing is justified.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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