beta
Text
The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor for four months and for six months, each of the defendants C shall be punished by imprisonment.
In this case.
Reasons
1. Summary of grounds for appeal;
A. Defendant B’s imprisonment (six months of imprisonment) is too unreasonable.
B. (i) Defendant C was involved in the instant crime on November 25, 2012, and even though there was no participation in the crime listed in the [Attachment Table Nos. 1 and 2, which was the previous crime, the lower court found Defendant C guilty of this part of the facts charged.
Dob. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The instant crime of this case on Defendant B’s assertion of unfair sentencing is an organized, planned, or intelligent crime, and is not good to the quality of the crime. The crime of this case is a serious crime with a structure of massing a large number of victims. The act of Defendant B’s withdrawal measures is indispensable for accomplishing the purpose of the instant crime, and its degree of participation is not weak, and the damage recovery is not performed, etc. are disadvantageous to Defendant B.
However, in light of the overall review of the following circumstances: (a) Defendant B is against the instant crime; (b) Defendant B was sentenced to one year by imprisonment with prison labor at Suwon District Court on August 1, 2013; and (c) the crime of this case was committed on January 24, 2014 and concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on January 24, 2014; and (c) the case should be considered at the same time in accordance with Article 39(1) of the Criminal Act; (d) only one time of a fine of this case, excluding the aforementioned previous conviction; and (e) the balance between the accomplices and the punishment, etc.; and (e) the sentencing conditions, including the Defendant B’
B. (i) Defendant C, A, B, and D, under the direction of G, purchased the passbook from the large passbook dealer, and withdraw the money transferred through the large passbook.