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All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant A: Imprisonment with prison labor for 8 months, Defendant B: fine of 5 million won) declared by the court below against the Defendants is too unreasonable.
2. Determination
A. It is recognized that Defendant A’s criminal act of this case is recognized and against the Defendant, that there was no result of the Defendant’s actual institution of prosecution or punishment with respect to a person who was under suspicion, and that both the victims of the fraud have agreed with the victims of the crime.
However, the crime of this case was reported falsely by the Defendant in order to prevent the nonperformance of the check that was normally issued by the Defendant. In light of the background and contents of the crime, the crime was not less severe, and the Defendant was punished nine times by fraud (three times of imprisonment, two times of suspended execution of imprisonment, and four times of fine). In addition, the Defendant was sentenced on January 23, 2014 and completed the execution of the sentence on November 19, 2014, and was sentenced on November 23, 2014, but again committed the crime of this case, and constitutes a repeated offense, and the Defendant’s age, sexual behavior, environment, etc., and other various conditions of sentencing as indicated in the records and changes of the instant case, the sentence imposed by the lower court is not heavier.
B. Defendant B acknowledged and reflected the instant crime, and the leading of the instant crime is A and the Defendant is deemed to have followed A’s instructions, and the degree of participation is heavy.
In light of the circumstances and contents of the crime, etc., the crime of this case is deemed to have been filed with a false report in order to prevent the nonperformance of checks issued by the Defendant. The Defendant was sentenced to three years for a violation of the Act on the Protection of Juveniles from Sexual Abuse (Rape, etc.) on April 4, 2012, and was sentenced to three years for a violation of the Act on the Protection of Juveniles from Sexual Abuse (Rape, etc.) and completed the execution of the sentence on October 16, 2014.