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Of the judgment of the court below of first instance and the judgment of the court of second instance, the part concerning the crime No. 1 in the annexed Table 1.
Reasons
1. The summary of the grounds for appeal is that each of the punishments (the first instance judgment: imprisonment with prison labor for three years and six months, and the second instance judgment: imprisonment for the crimes Nos. 1 in the annexed table of crimes as indicated in the judgment of the court below, and three months in prison for the crimes No. 2 through No. 6 in the same list of crimes) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2012No4028 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No1152 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the proceedings for oral pleadings. Each crime listed in the judgment of the court of first instance and the crime No. 1 listed in the annexed Table No. 1 listed in the judgment of the court of second instance, in the relation of concurrent crimes listed in the judgment of the court of second instance under Article 37(1) of the Criminal Act, shall be sentenced to a single sentence within the scope of punishment aggravated under Article 38(1) of the Criminal Act. As such, among the judgment of the court of first instance and the judgment of the court of
(3) The defendant's assertion of unfair sentencing is recognized that the defendant recognized all of the crimes and is in profoundly against this part of the judgment of the court below on the ground of unfair sentencing (as to the part on the crimes No. 2 or No. 6 of the judgment of the court below on the second instance).
However, in full view of all the circumstances, including the fact that the defendant was sentenced to suspended sentence for the same kind of crime, but the defendant did not agree with the victim during the suspended sentence period up to the trial, and the victim wanted to punish the defendant, and the defendant's age, family relation, occupation, motive leading to this part of the crime, motive leading to the crime, means and consequence of the crime, the circumstances after the crime, etc., the second court below's judgment is subject to the conditions of sentencing stated in the records