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The judgment below
The part of the judgment No. 1 is reversed.
The defendant shall be punished by imprisonment with prison labor for four months for the first crime.
Reasons
1. The summary of the grounds for appeal (the first offense: imprisonment with prison labor for 4 months, and the second offense: imprisonment with prison labor for 4 months) declared by the court below is too unreasonable.
2. Determination on the grounds for appeal
A. As to the grounds for appeal against the crime No. 1 of the judgment, each of the instant crimes committed by the Defendant is a situation unfavorable to the Defendant, in light of the content, circumstance, period, frequency, and result, etc. of the crime, the crime is bad, and the amount of damage to the victim caused by the Defendant’s defraudation is 18.7 million won, which is a large amount of damage to the Defendant.
However, the Defendant’s confession from the investigative agency to commit the instant crime, and is against the truth of his mistake, and the Defendant complained against the Defendant’s wife by mutual consent with the victim, and most of the damaged amount was recovered from the Defendant’s repayment of not less than KRW 80 million out of the damaged amount. Each of the instant crimes committed against the Defendant is in the concurrent relationship between fraud, etc. finalized on November 16, 2013 and the latter part of Article 37 of the Criminal Act, which became final and conclusive on November 16, 2013, and there is a need to determine the punishment in consideration of equity in the case where the judgment is rendered at the same time, and in full view of all the sentencing conditions as indicated in the instant arguments and records, including the Defendant’s age, character, environment, motive and background leading to the instant crime, means and consequence, and circumstances after the crime, the sentence of imprisonment with prison labor for four months is somewhat unreasonable.
B. As to the grounds for appeal against the crime No. 2 of the holding, the Defendant led to the confession of the instant crime and seriously reflects his/her mistake, and the scale of the business of arranging sexual traffic has not been so big and has long passed since the crackdown, and the Defendant was given birth around July 2018.