The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The gist of the grounds for appeal (the defendant and his defense counsel filed an appeal for the reason that the sentencing was unfair on the date of the first trial at the trial of the court of first instance);

was stated.

However, the reason for appeal submitted by the defendant on November 3, 2017 is stated in the reasoning for appeal, and each of the above arguments is deemed to be included in the reason for appeal since it is stated in the purport of mistake of facts and mental or physical weakness

A. The Defendant did not commit a crime found guilty by the lower court.

B. The Defendant, who was mentally and physically weak, committed each of the crimes of this case.

(c)

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, each of the facts stated in the judgment below can be recognized. Thus, the defendant's assertion of mistake of facts is without merit.

B. In light of the following factors: (a) determination of the assertion of mental and physical weakness; (b) the process, details and mode of each of the instant crimes; and (c) the Defendant’s act before and after each of the instant crimes; and (b) the Defendant had the ability to discern things or make decisions; and

Therefore, the defendant's assertion of mental and physical weakness is without merit.

(c)

Since there was a change in circumstances that could change the punishment of the court below, such as deposit of KRW 5 million (total of KRW 15 million) for the victims when the defendant made a judgment on the unfair argument of sentencing, etc., the punishment sentenced by the court below is unlimited and unfair.

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 appeal for the defendant's improper reason for sentencing is reasonable, and the following is again decided after pleading.

[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court, and summary of evidence, among the facts constituting the crime of the judgment below 2017 order 1332 order.