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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the Defendants (the defendant A: the imprisonment of August, the imprisonment of August, the suspension of execution of the sentence of August and the execution of the sentence of two years) is too unreasonable.
Defendant
B and its defense counsel withdrawn the assertion of mistake of facts during the first trial date of appeal.
2. Although the defendants' damage amount caused by the crime of this case is not so significant that the crime of this case is not good enough, the defendants recognized the crime of this case and reflect in depth. After the decision of the court below, the defendants revoked the complaint against the defendants by agreement with the victim. After the decision of the court below, the defendants Gap requested the victim to pay the victim the amount of KRW 30 million, and the victim wanted the defendant's prior action against the above defendant. The defendant Eul is the first offender. The defendant Eul has no criminal history of the same kind, and there is only a fine. The degree of the defendant Eul's participation in the crime of this case is minor compared to the defendant Eul. The gas pipes of this case are supplied by the defendant Eul, and the degree of the defendant's participation in the crime of this case is minor compared to the defendant Eul, other factors such as character and conduct, environment, relationship with the victim, motive and consequence of the crime of this case, and circumstances after the crime, etc., the punishment of the court below against the defendants is somewhat inappropriate.
Therefore, the Defendants’ assertion of unreasonable sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the evidence is identical to the corresponding part of the judgment of the court below, except for the correction of “1. 1. Defendant B’s partial statement” as “Defendant B’s legal statement” under Article 369 of the Criminal Procedure Act.