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All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a term of two years and ten months.
Reasons
1. Summary of grounds for appeal;
A. The punishment (the first judgment below: the imprisonment of August and the second judgment: the imprisonment of two years and six months) of the judgment of the court below is too unreasonable.
B. The sentence of the judgment of the first instance court against the prosecutor (unfairness) is too uneasible and unfair.
2. Ex officio determination of this court decided to consolidate the appeal cases of the court of first instance against the defendant and the appeal cases of the court of second instance. On the other hand, each of the offenses which the court of first instance found guilty in each of the concurrent offenses under the former part of Article 37 of the Criminal Act shall be sentenced to a single sentence within the scope of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court of first and second instance shall be reversed in this respect.
3. Accordingly, the judgment of the court below and the judgment of the court of first instance on the grounds of ex officio reversal as seen earlier. Thus, the judgment of the court of first instance and the judgment of the court of second instance without examining the defendant and the prosecutor's allegation of unfair sentencing are all avoided, and the judgment below
[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the facts of the crime of this case are the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369
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. Among concurrent offenders, the facts that the defendant recognized the crime and misunderstandings the reason for sentencing under the former part of Article 38, Article 38(1)2, and Article 50 of the Criminal Act are divided, and there is no criminal conviction heavier than the fine, etc. shall be considered as factors for sentencing favorable to the defendant. The fact that multiple victims are multiple victims, the total amount of damage is considerably high, the victims have almost not recovered, and the victims want to punish the defendant, etc. shall be considered as factors for sentencing unfavorable to the defendant.