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Defendant
All appeals filed by B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (for Defendant B, 8 months of imprisonment, and Defendant A: 4 months of imprisonment) that the court below rendered by the public prosecutor is too unhued and unreasonable.
B. The sentence imposed by the lower court by Defendant B is too unreasonable.
2. Determination
A. In light of the following circumstances: (a) the Defendant’s confession and reflects the Defendant’s judgment on Defendant B; (b) the crime of forging air is committed once; (c) the Defendant’s family members want to take the Defendant’s guidance; (d) the Defendant was punished for the same kind of crime; (e) the Defendant committed the instant crime without being aware of the fact that the period of the suspension of execution was considerable; and (e) the Defendant’s act of trading unregistered motor vehicles without being aware of the fact during the suspension of execution; and (e) taking into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means, and consequence; and (e) the circumstances before and after the commission of the crime, the sentence of the lower court cannot be deemed unreasonable because
B. The judgment against Defendant A is deemed to have committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being able to do so during the period of repeated crime, that the Defendant instigated the forgery of air traffic, and used forged air defense several times a month. However, considering the fact that the Defendant confessions and reflects the Defendant, that the crime of forgery is limited to once, and that the forgery is not professional, and that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, it cannot be deemed that the lower court’s punishment is too unjustifiable and unreasonable.
3. In conclusion, since each appeal by the defendant B and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.