Defendant 1 and one other

Defendants

Kim Jong-hwan (prosecution) and Kim Jong-young (Trial)

Law Firm Doo, Attorney Soh Woo-soo

Seoul Eastern District Court Decision 2014Kadan2532 Decided January 22, 2015

All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

It is unfair that the court below's imprisonment with prison labor for 2 years of probation, 2 years of probation and 200 hours of probation and community service in the month of imprisonment with prison labor for 4 months of probation, and 8 months of imprisonment with prison labor for Defendant 1.

2. Determination on the grounds for appeal

There are extenuating circumstances such as the Defendants’ confession of all crimes, and the Defendants’ mistake is divided, Defendant 1 took part in the crime according to Defendant 2’s proposal, Defendant 1 did not have any record of punishment other than one fine of this kind, Defendant 2 did not have any relatively much benefit from the crime of this case.

However, the Defendants, in fact, committed the instant crime again despite the fact that they had been sentenced to the punishment of two years of suspended execution in October, 206 as the so-called "finites" similar to the instant case as the so-called "finites" in around September 2006, and led Defendant 1 to commit the instant crime, including the Defendants' age, character and behavior, environment, occupation, motive, means and consequence of the crime, and circumstances after the crime, etc., examining the sentencing conditions stipulated in Article 51 of the Criminal Act, it is adequate that the lower court imposed the Defendants, and it does not seem that the amount of the punishment is unreasonable.

3. Conclusion

Therefore, since the defendants' appeal is without merit, it is dismissed in its entirety under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judge Final (Presiding Judge) Kim Jong-hee