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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
The defendant.
Reasons
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (one year of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneased and unreasonable.
2. It is recognized that the Defendant recognized the instant crime and reflected the mistake, agreed with the victim AV and BO, and paid approximately KRW 7,230,00 to the victims.
However, the crime of this case was committed by the defendant on September 25, 2013 and was sentenced to two years of probation on October 3, 2013, which became final and conclusive on September 25, 2013, and was committed on October 3, 201 of the same year, but it is not very good that the defendant committed the crime of this case, such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the arguments and records of this case, considering the following factors: (a) although the above judgment became final and conclusive on September 3, 201, it is hard to say that the sentence imposed by the court below is unfair because it is uneasible.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below against the defendant is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is
(3) In the event that an appeal by a public prosecutor is groundless, the appeal by a public prosecutor shall not be dismissed separately unless the original judgment is reversed on the grounds that the appeal by the public prosecutor is well-grounded).
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 231 of the Criminal Act for the facts constituting an offense (the point of assistance in private documents), Article 231 of the same Act;