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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. As to the summary of the grounds for appeal (unfair sentencing in 1 year and October), the defendant asserts that the punishment is too unreasonable because the punishment is too unreasonable, and the prosecutor asserts that the punishment is too unreasonable.
2. We examine both the judgment and the prosecutor’s assertion of unreasonable sentencing.
The judgment below
After the sentence was rendered, the victims expressed their intention not to be punished by the defendant in this court by agreement with the victims.
Considering the above change in circumstances, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
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.
(1) The court below's decision is justified, but it does not dismiss the prosecutor's appeal separately in its decision, as long as the defendant's appeal is accepted, and the decision of the court below is reversed. (2) The summary of facts constituting a crime and evidence recognized by the court is identical to the corresponding column of the judgment of the court below. Thus, it is acceptable to accept it as it is in accordance with Article 3
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud) and the choice of imprisonment for the crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;