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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.
Reasons
The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
Judgment
Although the defendant had been punished several times for the same crime, the fact that the defendant committed the crime of this case during the period of repeated crime is recognized.
However, considering the defendant's age, sex, environment, motive, means and consequence of each of the crimes of this case, the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 329 of the Criminal Act, and Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the selection of imprisonment, and the selection of punishment);
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;
1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 2, 2011);