Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that this shall not apply.

2. Although there are unfavorable sentencing factors, such as the amount of damage caused by the judgment, there is a considerable amount of damage, the appellate court has paid a certain amount of money to the victim G and agreed to do so, the defendants have divided and reflected their mistakes, the defendant A has no record of punishment for the same kind of crime, and the defendant B has no special criminal record except for a fine imposed once in the same kind of crime, and in full view of all other circumstances that are the conditions for sentencing, such as the defendants' respective ages, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is recognized that each punishment sentenced by the first instance court is somewhat inappropriate.

Therefore, the defendants' assertion of unfair sentencing is accepted.

3. In conclusion, the Defendants’ appeal is with merit. Thus, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

In addition, since the criminal facts of the Defendants and the summary of the evidence recognized by the court are the same as the entries in the corresponding column of the judgment of the court of first instance, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Article 62(1) of the Criminal Act for a suspended sentence (see, e.g., Supreme Court Decision 200Du1448, Apr. 2