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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. The judgment is based on the following facts: (a) the number of the crimes committed by the Defendant (11) and several methods; and (b) the Defendant agreed with the victims or did not endeavor to recover from damage; (c) although most of the theft victims of this case were recognized as having been returned, substantial damage was relatively minor; (d) if the Defendant was sentenced to a robbery in 1983, he did not have any other criminal history; (c) the Defendant recognized all the crimes of this case; (d) the Defendant appears to have had an opportunity to reflect during the period of detention for several months after being detained on October 2014; and (e) the Defendant appears to have been given an opportunity to reflect during the period of detention; and (e) taking full account of various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the Defendant’s assertion of unfair sentencing is reasonable and unreasonable since the sentence imposed by the lower court is somewhat inappropriate.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act, Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act (Fraud), Article 70 (1) 3 of the Specialized Credit Financial Business Act (generally, illegal use of credit cards), and each choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes, and the punishment for concurrent crimes shall be concurrent crimes with the punishment stipulated in the crime of fraud against the victim E-Mat business owner with the largest penalty.