Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Determination of the facts that the Defendant committed each of the crimes of this case without being sentenced to the suspension of execution three years on April 16, 2013 due to the following: (a) the Defendants committed the crime of this case without being sentenced to the suspension of execution three years on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; (b) the Defendants committed the crime of this case without being sentenced to the suspension of execution on the grounds that they committed the crime of this case, such as the theft of this case, fraud of private documents, forgery of private documents, and uttering of the above investigation documents, by taking account of their roles as other accomplices; (c) the degree of participation in each of the above crimes by the Defendant is not less than 19.8 million won in a systematic and planned manner; (d) the degree of participation by the Defendant in the crime of this case is not less than that of the Defendant; (e) the Defendant’s joint attack and joint confinement of the victim G, the victim AB (YB), the circumstances favorable to the Defendant’s family members; (e) the Defendant’s family members of this case.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as stated in the corresponding column of the judgment of the court below. Thus, all of them are accepted in accordance with Article 369 of the Criminal Procedure Act.