사기등
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is that each of the punishments (one year of imprisonment, two years of suspended execution, and confiscation) sentenced by the court below against the Defendants is too uneasible and unfair.
2. The crime of this case was committed by the Defendants, in a systematic manner, by taking part in the so-called crime, which causes damage to many unspecified victims, and thus, requires strict punishment due to the high possibility of social criticism.
However, in light of the favorable circumstances such as the Defendants’ failure to commit the instant crime and the fact that it appears that the Defendants were divided into two parts, that the Defendants deposited KRW 4 million for the victim AT in the lower court, that the Defendants’ family members appear to have not been punished in the Republic of Korea, that the Defendants’ family members complain of their wife and are leading the Defendants, and other favorable sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence, and circumstances after the commission of the instant crime, the lower court’s punishment against the Defendants is too uneasy and unreasonable. Therefore, the Prosecutor’s unjust assertion of sentencing against the Defendants is without merit.
3. In conclusion, the prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.