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1. The part of the judgment of the court below against Defendant A regarding Defendant A is reversed.
Defendant
A shall be punished by imprisonment for eight months.
2...
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentencing against the Defendants B, D, E, F, H, I, J, K, L, M, M, N, P, Q, Q, R, S, U,V,W, X, YB, and AC is too unreasonable.
B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.
2. Determination
A. We examine the reasons for appeal by the prosecutor of the defendant A ex officio prior to the judgment.
According to the records, Defendant A was sentenced to imprisonment with prison labor for two years and six months at the Jeonju District Court on May 26, 2017, and the above judgment became final and conclusive on June 3, 2017. As such, the crime of fraud for which judgment has become final and conclusive and the crime of fraud for which judgment has become final and conclusive on June 3, 2017 shall be determined after considering the case and equity under Article 39(1) of the Criminal Act in relation to the concurrent crimes of a group after Article 37 of the Criminal Act, and examining whether to reduce or exempt the sentence. As such, the part of the judgment of the court below against Defendant A among the judgment below
B. Considering the fact that the nature of Defendant B’s crime in this case is not significantly good, strict punishment against Defendant B is necessary.
However, in light of Defendant B’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., Defendant B’s punishment is too unreasonable, and thus, Defendant B’s above assertion is well-grounded, and the prosecutor’s above assertion is without merit. In light of the following circumstances: Defendant B’s age, sex and environment, motive, means and consequence of the crime; Defendant B’s punishment is too unreasonable.
(c)
Defendant
D Considering the fact that the nature of the instant crime is not significantly good, strict punishment against Defendant D is required.
However, the defendant D has never committed any crime with no criminal history, and the defendant D has submitted a written agreement on the installment repayment in the trial.