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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.
except that, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment below's punishment is somewhat unreasonable, in light of the Act on the Acceptance of Crimes in this case and the number of victims, etc., but it is deemed that the defendant's aforementioned assertion is reasonable, considering the following factors: (a) although it is recognized that the crime of this case is not somewhat weak in light of the nature of the crime of this case; (b) on the other hand, the defendant confessions and reflects all of the crimes of this case in the trial; (c) the victims and the victims have agreed smoothly in the trial; and (d) other factors of sentencing such as the defendant's age, character and conduct, environment
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except where “the defendant’s partial statement” in the summary of the evidence written in the original judgment is used as “written statement of the defendant,” the same as that of the original judgment; and (b) thus, it is identical to each corresponding column of the original judgment. As such, it is acceptable
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the occupation of inflicting an injury on a dangerous object), and Article 257 (1) of the Criminal Act (the occupation of an injury and the
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Supreme Court Decision 62 (1));
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;