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The judgment below
The remainder of the compensation order, excluding the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.
2. In full view of the following facts: (a) the judgment of the court below is the Defendant, and the Defendant was living alone in an environment where it is difficult to neglect the right arms and legs; (b) the total amount of damage to each of the crimes of this case exceeds 15 million won and is a relatively small amount of money; and (c) and all matters concerning the sentencing specified in the records and arguments of this case, the punishment of the court below is somewhat unreasonable, and thus, the Defendant’s assertion is reasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court are as follows: (a) the facts constituting an offense of the first instance court’s five pages of the judgment below; and (b) the facts constituting an offense of the first instance (as of November 2, 201), “as of November 2, 2012;” and (c) the judgment below’s eight pages of the facts constituting an offense of the year-based 41646 of the Criminal Procedure Act (as of November 4, 2012), except that the facts constituting an offense of the first instance (as of November 2, 2012) are deemed as being “as of November 4, 201” and “as of November 28, 2012, it is identical to each corresponding column of the judgment of the court below.”
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;