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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The defendant asserts that the defendant's punishment of the court below (ten months of imprisonment) is too unfasible, and the prosecutor is too unfased and unreasonable.
2. In light of the fact that the Defendant appears to be in profoundly against the instant crime, that the Defendant agreed with the victim J, N, R, W, and other circumstances that form the Defendant’s age, character and conduct, environment, background and motive leading to the instant crime, and other circumstances that form the conditions for sentencing specified in the records and arguments, the lower court’s punishment is deemed unreasonable.
Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.
3. As such, the defendant's argument of unfair sentencing is with merit, and the judgment of the court below is reversed and it is decided again as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 314 (1) and Article 30 of the Criminal Act, Article 314 (2) 2 of the Punishment of Violences, etc. Act, Article 324 (1) of the Criminal Act, Article 6 and Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act, Article 22 (2) and Article 6 (1) of the Assembly and Demonstration Act, Article 30 (1) of the Criminal Act, Article 32 (2) and Article 6 (1) of the Assembly and Demonstration Act, Article 30 of the Criminal Act, Article 324-5 and Article 324 (1) of the Criminal Act, each of the following:
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;