사기
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years, and for eight months, each of the defendants C shall be punished.
except that this shall not apply.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original judgment (two years of imprisonment, and eight months of imprisonment) is too unreasonable.
2. The victim M, who received a promise to compensate for part of the amount of damage at the trial at the judgment party and to compensate for the remaining amount of the settlement, expressed that all the Defendants expressed their intention to the end of the suspended sentence.
In addition, another victim AH was not punished in the court below.
The defendants' family members appeal to be able to take care of the ship.
Considering the aforementioned circumstances in addition to the various positive and negative circumstances stated by the lower court, comprehensively taking account of the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the crime, the lower court’s punishment is deemed unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows after pleading.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal
Application of Statutes
1. Relevant Article of the Act and the choice of punishment for the crime;
A. Defendant A: Articles 347(1) and 30 (a) of the Criminal Act; Article 347(1) (a) of the Criminal Act; Article 347(1) (a) of the Criminal Act; and each choice of imprisonment with labor
B. Defendant C: Articles 347(1) and 30 of the Criminal Act; each choice of imprisonment
1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);
1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Article 62 (1) of the Criminal Act for the suspension of execution;