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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
Reasons
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Considering the fact that the nature of the instant crime is not good and the degree of injury suffered by the victim E, strict punishment against the Defendant is necessary.
However, considering the fact that the defendant's mistake is divided into one's own mistake, that the defendant has agreed with some victims in the original trial and has reached an additional agreement with the other victims in the trial, that there has been a long-term criminal conviction but there has been no criminal conviction, and that there has been other conditions of sentencing as shown in the argument of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, the defendant's punishment against the defendant is too unreasonable. Thus, the above argument by the defendant is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;