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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence of the court below against the Defendants (the 20 million won in case of Defendant A and the 2 years in case of Defendant B’s imprisonment) is too uneased and unreasonable.
2. The judgment of Defendant A had a record of criminal punishment several times for the same kind of crime; Defendant A committed the instant crime during the period of repeated crime because it has not yet passed after the execution of the sentence was completed; and Defendant A’s act of receiving the same kind of crime was not small. It is unfavorable to the Defendants.
However, in light of the motive and background leading up to the crime of this case, the details of the crime, the circumstances after the crime, the age, character and conduct of the Defendants, and other various sentencing conditions indicated in the records, such as the Defendants’ mistake, Defendant B did not have any history of criminal punishment for the same kind of crime; Defendant A was detained for about two months in this case; the Defendants returned all the amounts acquired through the fund-raising without delay after the crime of this case and the Defendants could not cause substantial damage to the crime of this case. The Defendants’ withdrawal of the complaint by agreement with the investigative agency; and the motive and circumstance leading up to the crime of this case; the details of the crime; the circumstances leading up to the crime of this case; the Defendants’ age, character and conduct; and other various sentencing conditions indicated in the records, the sentence of the lower court against
3. The appeal filed by the prosecutor against the Defendants of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.