공정증서원본불실기재등
All of the appeals by prosecutors are dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (for Defendant A: one year of imprisonment, two years of suspended sentence, and fine of 15 million won) is too unfunied and unreasonable.
2. The judgment of the defendants shows the attitude of recognizing and reflecting all of the crimes when they were in the trial. The victims already expressed the intention to punish the victims before they reached the trial. In particular, it is judged that the victims Q Q have been provided with money above the amount obtained by deceiving the victims, and all the defendants have a record of criminal punishment for the same kind of crime. However, in the case of defendant A, the last 2006 in the case of defendant B, there is no record of criminal punishment for the last 2004, and there is no record of criminal punishment for the last 2004, and there is a need to punish the victims more severe, as a second offense.
In addition to the favorable circumstances for the Defendants, such as the fact that there is no change of circumstances that could add the punishment of the lower court in the first instance court, and considering the Defendants’ age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions as shown in the records and theories of changes, such as the circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and unreasonable as it is too unreasonable.
The prosecutor's improper argument in sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.