Text
The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
seizure.
Reasons
1. The summary of the grounds for appeal that the court below imposed on the defendant (a year and six months of imprisonment, confiscation) is too unfluent and unfair.
2. The fact that the defendant does not want the punishment of the above victims by mutual agreement with three of the victims, and that the defendant is led to confession and reflected by the defendant is favorable to the defendant.
However, in full view of the facts that the Defendant was unable to pay damages to the victim D, that the Defendant was sentenced to a suspended sentence of two years and six months on September 15, 2015 by the Suwon District Court for the violation of the Act on the Control of Narcotics, Etc., and that the Defendant committed the instant crime on January 6, 2016 during the suspended sentence period after the judgment became final and conclusive on January 6, 2016, that the Defendant escaped for a long time to avoid the invalidation of the suspended sentence, and other circumstances that form the conditions for various sentencing as shown in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, the background and method of the instant crime, the consequence, and the circumstances after the crime, etc., the Prosecutor’s assertion has merit.
3. As such, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 3
Application of Statutes
1. Relevant Article 329 of the Criminal Act, Article 331-2 of the Criminal Act, Article 347(1) of the Criminal Act, Article 230 of the Criminal Act, Article 70(1)1 of the Specialized Credit Finance Business Act, Article 70(1)2 of the Specialized Credit Finance Business Act, Article 70(1)2 of the Specialized Credit Finance Business Act, and Article 70(1)2 of the Specialized Credit Finance Business Act.