사기
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for six months.
, however, from the date this judgment becomes final.
1. On June 21, 2013, the Defendants’ appeal filed by the lower court against each of the Defendants and filed an appeal. Defendant A is clear in the record that the Defendants did not submit the notification of the receipt of the notification of the trial records and the notification of the appointment of a state appointed defense counsel, even if each of the instant courts was served with the notification of the appointment of a public defender on July 16, 2013, and Defendant B did not state the grounds for appeal within 20 days from the notification, and the petition of appeal does not contain any indication of the grounds for appeal, and no ex officio investigation may be found even after examining the record. Thus, the Defendants’ appeal should be dismissed pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, inasmuch as the lower judgment is accepted by the prosecutor’s appeal and the judgment is reversed as seen below, the Defendants’ appeal is not dismissed in the text
2. The summary of the grounds for appeal (public prosecutor) is unreasonable as the punishment of each fine of KRW 5,00,000, which the court below sentenced against the Defendants, is too uneased.
3. The judgment of the court below is based on various sentencing conditions under Article 51 of the Criminal Act, including the defendants' age, character and behavior, environment, motive, means and consequence of the crime, and circumstances before and after the crime is committed, although the defendants were not involved in the crime of this case, the punishment imposed by the court below against the defendants seems to be too uneasible and unfair.
4. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged to the defendants and the summary of the evidence recognized by the court are.