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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Reasons
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. In light of the circumstances leading up to the instant crime, the amount of damage, etc., the fact that the nature of the instant crime is not good, and that it was not agreed with the victims until the conviction of the party, etc. is disadvantageous to the Defendant.
However, in full view of the defendant's age, sex, environment, motive, means, consequence, and other various sentencing conditions, such as the defendant's age, sex, environment, motive, consequence, etc., it is recognized that the sentence of the court below is too unfair because it is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted 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. In full view of the various circumstances as seen earlier prior to the reason for sentencing of Article 37 (former part of Article 37, Article 38(1)2, and Article 50 (Aggravation of concurrent crimes with regard to Victims J with heavy criminal situation) of the Act on the Aggravated Punishment of Concurrent Crimes, the punishment as ordered shall be determined.