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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The judgment of the court below is that the defendant committed the crime of this case against the victim G, F, and H, who are close to the mental retardation situation, using difficulties that he was faced with, and therefore, the nature of the crime of this case is very good. The defendant appears to have committed mental shock that is unable to cope with the above victim's age, such as that the above victim's child was adopted by the victim J (10 years old) who is his father in the above G and F's father, without permission, widening the facts that the above victim was adopted by the above G and F. The amount of damage of this case is not significant, and that the defendant did not reflect the above victim's age, such as the defendant's denial of the crime to investigation agency and the court below, etc., but there is no history of punishment for the same crime, and there is no history of punishment more than the suspension of execution, and the defendant seems to have reached the judgment of the court below that it was against the defendant's wrong recognition of his mistake, such as restoration of property damage by deposit of the victim's G, F, H, and H.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except when the “part of the defendant’s written statement” in the summary of the evidence is changed to the “written statement at the court of the trial of the defendant”, all of the judgment below are identical to each corresponding column of the judgment below; and (b)
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;