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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is that each sentence (the two years and six months in prison, the three years in suspended sentence, the two years in probation and the two years in probation and confiscation, the two years in prison, the three years in suspended sentence and the two years in probation and confiscation, the two years in prison, the three years in probation and confiscation, the two years in prison, the three years in suspended sentence and the two years in probation and the two years in probation) that the court below sentenced the Defendants are too uneasible.
2. Prior to the judgment on the grounds of appeal on the part of the court below, the head of 10,00 won forged 50,00 won which was seized (No. 1) is an article generated by the Defendants’ joint act of forging the instant currency, and does not belong to any person. Thus, the Defendants, an accomplice in practice, should be confiscated from all the Defendants. However, the confiscation under Article 48(1) of the Criminal Act is discretionary confiscation. Thus, the court below’s confiscation only from Defendant A and B cannot be deemed as an unlawful act and thus, it does not constitute a ground of ex officio reversal of the court below.
The Defendants committed each of the instant offenses by the Defendants: (a) in collusion, the Defendants conspired to forge 17,00 won in total; (b) forged 17,00 won in total on 22 occasions; and (c) acquired approximately KRW 50,000 and KRW 600,00 in total on 13 occasions, and acquired money and valuables through deception; and (d) the remainder nine times was discovered that it was forged and stolen; and (b) Defendant B and D stolen 2 cigarette jointly; and (c) in addition, the Defendants committed the instant offense by taking the elderly who has relatively fall short of the identification capacity of forgery and paper; (d) in light of the seriousness, risk, and method of crime, such as exercising forged currencies, the nature and circumstances of the offense are very heavy; and (e) Defendant A committed the instant offense by taking the protective disposition from the government district court on February 10, 2012 by taking the Defendant’s special robbery from the government district court on February 10, 2012; and (e) Defendant B and led the instant offense at the District Prosecutors’s.