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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
No. 1 to 9 of seized evidence shall be charged to the defendant.
Reasons
1. The decision of the court below on the summary of the reasons for appeal (two years and eight months of imprisonment) is too unreasonable.
2. The lower court’s punishment is too unreasonable in light of the following factors: (a) the Defendant came to an agreement with the victims of fraud; (b) the victim’s damage was recovered; (c) the victim P was partially recovered; and (d) the Defendant’s age, sexual conduct, environment, and circumstances after the crime; and (c) the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime.
3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.
Criminal facts
The main judgment of the court below is as follows.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the crime, Articles 350(1) and 30 of the Criminal Act concerning the choice of punishment (a point of conflict), Article 352 of the Criminal Act, Articles 350(1) and 350 of the Criminal Act, Article 30(1) and 30 (a) of the Criminal Act, Article 347(1) of the Criminal Act (a) of the Criminal Act, and each choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The sentencing conditions set forth prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act are determined as the same as the disposition, taking into account the factors indicated prior to the sentencing.