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1. The judgment below is reversed.
2. The defendant shall be punished by a fine of twenty thousand won.
3. The above fine shall be imposed on the defendant.
Reasons
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The crime of this case committed by the Defendant, who was his own connected, was the victim of this case.
The defendant was sentenced to imprisonment with prison labor for 1 year and 6 months in the Changwon District Court on October 29, 2015 and for 3 years in the suspension of execution, and committed the crime of this case even during the suspension of execution, since he was sentenced to imprisonment with prison labor for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court on March 29, 2015, and was sentenced to imprisonment with prison labor for 1 year and 3 years in the suspension of execution.
However, the Defendant recognized all of the instant thief crimes, and was detained for about six months, and thus did not commit a crime seriously against his will, and did not repeat the crime. The Defendant, upon agreement with the victim at the lower court, wished to have the Defendant’s prior domicile by the victim. The amount of damage to the instant thief crime is relatively small, and the fraud was committed was committed by himself/herself, and the Defendant was committed by himself/herself and herself, and the Defendant was hedgingd by the victim.
The social ties of the defendant seems to be clear, such as the fact that the defendant's wife seems to have committed the crime of this case, such as holding a lock in the field of his gift, and the fact that the social ties of the defendant seems to be obvious, such as the defendant's wife's desire to take the defendant's preemptive action.
In full view of the above circumstances and the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and other various circumstances, etc., the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the following is ruled again.