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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The lower court’s sentence (one-year suspended sentence of imprisonment) is too unhued and unreasonable.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant appears to recognize and reflect the crime, that there is no record of criminal punishment other than fines, that us, one of the victims does not want to be punished, that the wall of the Defendant appears to be one of the causes of the crime, and that the Defendant was given counseling and drug prescriptions once before the judgment of the lower court was rendered.
① However, the Defendant, within a short period of time from January 15, 2017 to March 31, 2017, was unable to submit data to the effect that he/she was continuously receiving medical treatment on a wall in addition to a type prosecutor of the MBTI (the Defendant was receiving medical treatment on a wall by taking into account the case 2017 high-level and about 2301, a total of nine occasions within the same period). In 2015, he/she was sentenced to a fine for larceny once and a one-time suspension of indictment; ② the Defendant was constantly receiving medical treatment even after the original judgment was sentenced at the first trial date of the first trial, but the Defendant failed to submit data to the effect that he/she was receiving medical treatment on a wall in addition to a type prosecutor of the MBI character (the Defendant received medical treatment on a wall).
In light of the fact that the material withdrawn from the trial was visited the hospital only after the date of the first trial of the trial of the first instance, and (3) although all damaged goods were returned or expected to be returned to the victims due to their return, the victims other than S did not express their intention that they do not want punishment, even if considering the favorable circumstances of the defendant, the punishment imposed by the court below is too somewhat somewhat less.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
[Judgment which is used again] criminal facts and facts of crime.