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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in terms of the punishment of the first instance judgment (one year of imprisonment with prison labor) and the punishment of the second instance judgment (six months of imprisonment with prison labor).
2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crimes of the court Nos. 1 and 2 with respect to the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed in entirety without examining the defendant's unfair argument of sentencing since the above reasons for reversal exist, and it is again decided as follows after the pleading.
Criminal facts
The summary of the judgment of the court below is the same as each corresponding column of the judgment of the court below, thereby citing it as it is 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 following facts are comprehensively taken into account: (a) the first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes were higher than KRW 100 million in total; (b) the damage to the victim C was not recovered at all; (c) the Defendant did not agree with the said victim; (d) the Defendant is aware of and against the mistake; (e) the Defendant fully repaid the amount of damage to the victims indicated in the list of crimes in the lower court, including the victim J; (e) the Defendant fully repaid the amount of damage to the victim AB at the trial; and (e) the said victim did not want to be punished by the Defendant; (e) the Defendant did not have any record of having been punished by imprisonment for the same kind of crime; (e) the Defendant’s age, sex and environment; (e) the motive, means and consequence of the crime; and (e) the conditions of sentencing