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The judgment below
The remainder, other than the rejection of the application for compensation, shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the nature of the instant crime is not good, and that the amount of damage caused by the instant crime is a large amount, but the full recovery of damage up to the conviction or the failure to reach an agreement with the victim G, strict punishment against the Defendant is required.
However, in light of the fact that the defendant was living in custody for about three months, and that the defendant paid a part of the money to the victim C in the court below, and additionally deposited part of the money to recover damage to the victim G, in addition to a fine, the defendant did not have any particular criminal record, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, the punishment of the court below against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
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. Article 62 (1) of the Criminal Act on the suspended execution;