Text
The judgment below
Part concerning the second offense in the judgment shall be reversed.
As to the second crime, the defendant shall be punished by imprisonment with prison labor for two months.
Reasons
1. The summary of the grounds for appeal (e.g., punishment 1) of the lower court (e.g., punishment 1: imprisonment with prison labor for three months and punishment 2: imprisonment with prison labor for three months) is too unreasonable.
2. In light of the health class, all the sentencing conditions on the first crime as stated in the judgment of the court below (in particular, the fact that the defendant repeated the crime during the period of repeated crime due to the same crime, the fact that the defendant recognized the crime, and the victim E does not want the punishment of the defendant in agreement with the victim E in the court below), it cannot be deemed that the sentence of the court below is excessively unreasonable.
As to the crime No. 2 in the holding of the court below, although there are unfavorable circumstances such as the defendant's repeated crime period due to the same crime and the suspended execution period due to the same crime, considering the favorable circumstances such as the fact that the defendant recognized the crime and reflects it, and that the victim H pays the amount of damage in addition to the amount deposited in the court below, and the victim H does not want the punishment of the defendant by agreement with the victim H, the punishment of the court below as to the crime No. 2 in the holding of the court below is unfair as a result.
Therefore, the defendant's argument about the No. 1 crime is without merit, and the defendant's argument about No. 2 crime is with merit.
3. As such, since the part concerning the crime No. 1 in the judgment among the defendant's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since the part concerning the crime No. 2 in the judgment is with merit, the judgment of the court below is reversed in accordance with Article 364
[C] The main text of the facts constituting an offense and evidence admitted by the court is to be revised to " October 21, 2013" as " October 23, 2013." The main text of the judgment of the court below is to correct the facts constituting an offense and the summary of the evidence, which are obviously erroneous. The defendant, who is a criminal record in the first page 2 of the judgment of the court below, as of September 24, 2014, is to be a fraud from the Gangseo branch court of the Chuncheon District Court on September 24, 2014.