사기
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.
except that this judgment.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentences (Defendant A: 4 months of imprisonment and Defendant B: 6 months of imprisonment) against the Defendants are too unreasonable.
2. The Defendants, in light of the substance of the crime and the method of the crime, such as deceiving the victim who was ordered to return the instant forest by selling the instant forest owned by G to the victim at will, and using the said forest arbitrarily, and recovering the said forest again, the nature of the crime is not good. Nevertheless, the Defendants did not oppose the mistake in the lower court, and Defendant B had the record of being sentenced to punishment by sentence for the crime of dual species, etc., which are disadvantageous to the Defendants.
However, it appears that the Defendants had weak awareness of the illegality of the instant crime, and when it was in the first instance trial, it recognized the instant crime and reflects the mistake. In particular, after the sentence of the lower court, Defendants A deposited KRW 20 million for the victim, Defendant B deposited each of the money for the victim, and the Defendants did not have any record of punishment for the same kind of crime.
In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendants’ age, sex, environment, motive, means, and consequence, the lower court’s punishment seems to be somewhat unreasonable.
Therefore, the above assertion by the Defendants is justified.
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 following judgment is rendered after pleading.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendants: the pertinent legal provisions and the choice of punishment regarding criminal facts.