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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than ten months.
Defendant
A.
Reasons
1. Summary of grounds for appeal;
A. The sentence sentenced by the prosecutor (one and half years of imprisonment for Defendant A, and two years of suspended execution for Defendant B) is too unhued and unfair.
B. The sentence imposed by the lower court by Defendant A is too unreasonable.
2. 판단 ◎ 유리한 정상 : 피고인들은 범행을 인정하며 반성하고 있다.
The injured party does not want the punishment of the Defendants by paying the total amount of damages to the injured party.
Defendant
In case of B, the degree of participation in crime is relatively minor.
◎ 불리한 정상 : 피고인들은 범죄목적으로 입국하였고 피고인 A가 소지한 위조된 신용카드가 약 100매에 달한다.
It is a systematic and planned crime, and the number of crimes is interviewed and there are many frequency of crimes.
Defendant
In the case of A, there is a record of being arrested and punished in other countries for forgery and use of cards.
In addition, comprehensively considering the sentencing conditions stated in the records of this case, such as the age, sex, environment, motive, means, and consequence of the crime, etc., the sentence imposed by the court below against the defendant A is deemed appropriate, and it cannot be deemed that the sentence imposed by the court below against the defendant A is too heavy or unreasonable, and the sentence imposed against the defendant B is too unreasonable.
3. Conclusion, the prosecutor's appeal against Defendant A and the appeal against Defendant A are without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
Since the prosecutor's appeal against the defendant B is well-grounded, pursuant to Article 364 (6) of the Criminal Procedure Act, the part of the judgment below against the defendant B among the judgment below is reversed, and it is again decided as follows after pleading.
[Reasons for the new judgment against Defendant B] The summary of facts constituting an offense and evidence recognized by this court and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.