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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 sentence (the defendant A: imprisonment with prison labor for 8 months and the defendant B: imprisonment with prison labor for 6 months) declared by the court below against the defendants in the summary of the grounds for appeal is too unreasonable.
Defendant
A and its defense counsel withdrawn the assertion of mistake of facts during the first trial date.
2. In light of the fact that the Defendants’ damage from the instant crime was not fully recovered, the Defendants committed the crime repeatedly against the victims, the method of the commission of the crime is not good, the Defendant A had the record of punishment several times due to the same crime (which has the record of the three-time suspended execution) in the case of Defendant B, the record of punishment due to the same crime was one time in the case of Defendant B, and the Defendant B did not take any measures to recover damage in the case of Defendant B, etc., the Defendants should be punished strictly.
However, the defendants showed the attitude of recognizing and opposing all of the crimes of this case when they were in the trial. Defendant A also deposited 14 million won after the judgment of the court below for the victim. Defendant A was punished for the same kind of crime on July 2004. Defendant B was punished for the same crime, and only the same kind of crime is punished for a fine of 1 million won on April 2002. Defendant B was punished for a fine of 1,000,000 won. Defendant B was punished for a fine of 1,000 won, the degree of participation in the crime of this case is minor compared to Defendant A in the case of Defendant B, and the acquisition amount by the crime of this case seems to have been detained for a considerable period after the judgment of the court below was rendered. On the other hand, Defendant A was detained for a considerable period after the judgment of the court below, and all other circumstances that form the conditions for the judgment of this case, such as the motive and means of the crime of this case, the motive and result of the crime of this case, and the circumstances after the crime.