Text
The judgment below
The parts of the defendant A, C, D, and E shall be reversed.
Defendant
A Imprisonment for one year, and Defendant C.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the defendants (for defendant A: three years of suspended sentence of one year of imprisonment; two years of suspended sentence of ten months; two years of suspended sentence of imprisonment for community service work; two years of suspended sentence of ten months; two years of additional collection; ten million won; two years of suspended sentence of eight months; two years of suspended sentence of imprisonment for each of eight months; and one hundred and sixty hours of community service) is too unreasonable.
2. Each of the crimes of this case is acknowledged in light of the following circumstances: (a) the Defendants entered into a subcontract with an unrefilled construction amount; (b) the Defendants acquired financial benefits equivalent to the difference; and (c) upon the request of the Defendants not to reduce the construction price claimed as above; and (d) the Defendants offered or acquired property and the nature of the crime is not good; and (c) the Defendants acquired or offered property benefits.
However, the Defendants did not have any record of punishment for the same kind of crime as well as punishment for the punishment for the crime of this case. All of the crimes of this case were led to confession, and their mistake is divided, Defendant A cannot agree with the above victim and receive a letter of tolerance due to the closure of business due to the nonperformance of the victim H in the case of Defendant A. Defendant C was sentenced to collection of the equivalent value of the property granted in return for illegal solicitation. At present, the Defendants are currently working in the construction company and support for the family while they are employed in the construction company. In addition, considering all of the sentencing conditions indicated in the records of this case such as the Defendants’ age, character and behavior, environment, motive, means and consequence of the crime of this case, the sentence imposed by the lower court against the Defendants is somewhat unreasonable.
3. According to the conclusion, since each appeal by the Defendants is well-grounded, each part of the judgment of the court below against Defendant A, C, D, and E is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.
Criminal facts
The substance of the evidence and facts charged by the court.