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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the defendant not only has the record of punishment several times for the same crime, but also has committed the crime of this case repeatedly after several months without being aware of the fact that the defendant was released from prison without being aware of it even during the repeated crime period.
However, in full view of the following: (a) the Defendant led to the confession of the crime in the trial of the party and against the mistake; (b) the victim did not want the punishment of the Defendant by mutual consent with the victim C; (c) deposited considerable amount for the repayment of damage to U; and (d) the Defendant’s son and son are trying to assist the Defendant in a normal social life; and (c) other various sentencing conditions specified in the argument of the instant case, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment is deemed to be too unreasonable; and therefore, the above argument by the Defendant
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows, except where "the defendant's partial statement" was used in the "court statement in the trial of the defendant", it is identical to each corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and the choice of punishment under Article 330 of the Criminal Act, Articles 342 and 330 of the Criminal Act, and Articles 330 of the Criminal Act, and choice of imprisonment for a crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;