사기등
Of the judgment of the first instance, the part on Defendant B, C, and D shall be reversed.
Defendant
B, C, and D shall be punished by imprisonment for a period of two years and six months.
1. Summary of grounds for appeal;
A. The first deliberation type as follows against the prosecutor Defendants is too unfasible and unfair.
Defendant
A: Imprisonment with prison labor for three years and for three years including Defendant B, C, and D: Imprisonment with prison labor for each of three years: Defendant F of a fine of one million won: fine of two million won
B. The first deliberation sentence against the above Defendants A, B, C, and D is too unreasonable.
2. We examine the defendants A, B, C, D and prosecutor's improper claims for sentencing together.
A. In the instant case where there is no change in the sentencing conditions that may be particularly considered in the appellate court of Defendant A, E, and F, the first instance court did not seem to be unfair because the Defendant A, E, and F’s respective ages, sexual conduct, environment, family relationship, motive, means, and consequence of the crime, and other circumstances that are the conditions for the sentencing. In full view of the various circumstances that are the conditions for the sentencing of the above Defendants A, E, and F, it is difficult to view the first instance court’s sentence imposed on the Defendant A is too heavy or too unreasonable because it goes beyond the scope of the sentencing discretion, and the first instance court’s sentence imposed on Defendant E and F is too uneased.
Therefore, the above defendants A and prosecutor's above defendants' argument of sentencing is not accepted in all.
B. Defendant B, C, and D appellate court agreed with the victim AD, BW, BD, and B from among the victims of actual damage. Defendant D and B agreed with the victim ME and deposited KRW 5,350,00,00 for the victim NC, and the above Defendants reflect and oppose their mistake. The Defendants’ initial offender are considered as favorable circumstances to the above Defendants. The degree of the above Defendants’ participation, the period and frequency of the crime, the amount of damage, the profits acquired by the said Defendants, and other conditions of sentencing indicated in the records of this case, including the above Defendants’ age, sex, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.