Defendants shall be punished by imprisonment for four months.

However, this decision is delivered to the Defendants.

A. The lower court’s punishment against the Defendants (4 months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. In light of the above arguments by the Defendants and the Prosecutor, and the method of committing the instant crime and the size of the defraudation, etc., the liability for the crime is not less than that against the Defendants, and the Defendant A had a criminal record of the same kind of fine once, etc. that are disadvantageous to the Defendants.

However, in light of the following: (a) the Defendants recognized their mistake and reflected against the Defendants; (b) Defendant B did not have a criminal record of the same kind or suspension of execution or more; and (c) the injured party did not want the punishment of the Defendants by mutual consent with the Defendants at the time of the trial; and (d) other conditions of sentencing specified in the instant pleadings, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime; and (b) the circumstances after the crime were committed, the lower court’s punishment is too unreasonable.

Therefore, the above argument by the Defendants is reasonable, and the prosecutor's above argument is without merit.

3. As such, the Defendants’ appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered after pleading as follows ( there is no ground for appeal by the prosecutor against the Defendants, but as long as the judgment of the court below is accepted by the Defendants and reversed, the prosecutor’s appeal shall not be dismissed separately from the order). [The grounds for new judgment] Criminal facts and summary of evidence are as stated in the corresponding column of the judgment of the court below, and the summary of the facts constituting the crime and evidence recognized by this court and the evidence thereof are as stated in the corresponding column of the judgment of the court

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The Criminal Act, each of the suspended execution;