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All the judgment below is reversed.
Defendant
B Imprisonment for eight months and for six months, each of the defendants C shall be punished by imprisonment.
(b).
Reasons
1. The crime of this case is committed in collusion with co-defendant A, an operator of an entertainment drinking club, who works as the manager and the chief of the office of the entertainment drinking house, and the defendant acquired money equivalent to the drinking value or attempted to sell fakes to the victims who are customers. It is not only professional and planned but also harmful to the order of transaction of alcoholic beverages, and there is a record of criminal punishment on several occasions due to the defendants' crimes of the same or similar crimes. In particular, the defendants C committed the crime of this case during the suspended execution period due to the crime of the same or similar crimes, and since the defendants worked as the manager and the chief of the entertainment drinking house, the defendants who had the same or similar criminal records appear to have proposed the crime of this case to A, it is disadvantageous to the defendants.
However, considering the fact that the defendants are deeply divided into and against the crime of this case, the victims are seeking a preference against the defendants by mutual consent with the victims in the trial, the fact that the amount of fraud of the crime of this case is relatively large, the defendant Eul did not participate in the crime of this case among the crimes of this case, and the fact that the defendant Eul did not participate in the crime of this case from among the crimes of this case, and that the health of the defendants is not good due to depression after his suicide, and all of the sentencing conditions shown in the records and arguments of this case, such as the age, character, career, career, environment, the background and result of the crime of this case, and the circumstances after the crime, etc., the court below's punishment (the defendants are sentenced to eight months each) is deemed unfair.
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendants' appeal is justified.