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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 one year.
Reasons
1. The sentence of imprisonment with prison labor for a maximum of one year and six months for a short term of one year and six months sentenced by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the defendant was examined ex officio, and the defendant was a BP student who was a juvenile under Article 2 of the Juvenile Act at the time of the decision of the court below, but it was apparent that the defendant was not a juvenile at the time of the decision of the court below, and accordingly, the judgment of the court below which sentenced the defendant an irregular sentence under Article 60 (1) of the Juvenile Act against the defendant was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal as seen earlier, and it is again decided as follows.
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 Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. Of concurrent offenders, the punishment as ordered shall be determined by taking into account all the circumstances shown in the arguments of this case, such as the following: (a) the Defendant’s mistake reflects the Defendant’s fault; (b) the Defendant’s age still exists; (c) the number of victims due to each of the crimes of this case is a majority; (d) the amount of damage was considerable; (e) the victims have not been recovered from damage; and (e) there was a history of having been punished for the same kind of crime.