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The judgment below
Of them, the part on Defendant D, except the compensation order, shall be reversed.
Defendant
D. 7 months of imprisonment.
Reasons
1. The summary of the grounds for appeal (the imprisonment of each of the defendant A, D: 8 months, the imprisonment of each of the defendant B; 1 year, the imprisonment of each of the defendant C) is too unreasonable.
2. Determination
A. Both Defendants A, B, and C recognize the crime, and Defendant A deposited KRW 10 million in order to pay damages at the original trial, and Defendant A and C did not have the previous criminal intent. However, although the Act on the Acceptance of Criminal Crimes in this case is planned and intelligent, the crime of this case is not highly appropriate, and the amount equivalent to KRW 40 million is still not repaid, and the investigation agency of the above Defendants has considerably bad attitude, and the above Defendants’ age, character and conduct, environment, the process and contents leading to the crime of this case, the degree of participation in the crime of this case, the role of the above Defendants, and the circumstances after the crime, etc. are considered to be the sentencing conditions indicated in the records, it cannot be said that the sentence of the original court against the above Defendants is too unreasonable. Thus, the above Defendants’ assertion is without merit.
B. Although there are circumstances such as Defendant D’s planned and intelligent act, the nature of the crime is not good, the amount equivalent to KRW 40 million is still not repaid, and the attitude of the above Defendant’s investigative agency was considerably bad, the above Defendant’s criminal act is recognized, and the Defendant deposited KRW 1.5 million for the repayment of damage in the trial, and the above Defendant did not have the previous crime, and all other circumstances, including the above Defendant’s age, character and behavior, environment, the background and contents leading to the instant criminal act, the degree of participation in the instant criminal act, the role of the said Defendant, the circumstances after the crime, etc., are considered to be unfair.