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The judgment of the first instance shall be reversed.
The sentence against the accused shall be determined by one year and six months of imprisonment.
seizure.
Reasons
1. The summary of the grounds of appeal is unreasonable. 2. The instant crime of this case’s judgment constitutes imprisonment of two to five years (the basic area of larceny for ordinary habitual and repeated offenses and the aggravation of multiple crimes).
Although there has been not only the history of a fine three times due to a similar type of crime committed against the defendant, but also committed a fraudulent act by obtaining a credit card using a stolen identification card, the sentence of two years and six months sentenced by the first instance court is somewhat unreasonable, considering not only the sentencing conditions favorable to the defendant, such as the fact that the defendant was sentenced to a fine three times due to a similar type of crime, but also the defendant committed a fraudulent act by obtaining a stolen identification card, but also the defendant was agreed with some victims, and the defendant was additionally deposited for four victims in the first instance trial, the defendant was divided in depth, and the defendant was suffering from a polar disorder, and the defendant was under a bad mental and medical expert fee not to be subject to criminal punishment against the defendant.
3. Accordingly, the defendant's appeal is accepted, and the judgment of the first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment is reversed, and the pleading is followed again
The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Articles 231, 234, 231 of the Criminal Act, Articles 347(1) and 347(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime (as to the uttering of counterfeited private documents), Articles 40 and 50 of the Criminal Act.