Text
The judgment below
The part of the defendant C, D, E, and F shall be reversed.
Defendant
C. At the end of 2 years and 6 months of imprisonment, Defendant D.
Reasons
1. Summary of grounds for appeal;
A. In addition to the statement by the defendant's reasoning, the sentence of additional collection against the defendant is unlawful in violation of the principle of proportionality, there is no clear evidence to prove that the defendant acquired a benefit of KRW 20 million due to the crime of this case, unlike the statement by the defendant's reasoning.
B. As to the punishment sentenced by the court below (Defendant A, B, C, G, I, and prosecutor): 10 years and 10 months of imprisonment; 3 years and 6 months of imprisonment; 1 year and 6 months of imprisonment; 2 years of suspended sentence; 1 year of imprisonment; 2 years of suspended sentence; 1 year of suspended sentence; 2 years of suspended sentence; 3 years of imprisonment and additional collection 20 million won; 1 year of suspended sentence; 2 years of suspended sentence; 3 years of imprisonment and additional collection 20 million won; 2 years of suspended sentence; 1 year and additional collection 9.5 million won; 2 years of suspended sentence; 1 year and additional collection ; 3 years of imprisonment with labor; 2 years of suspended sentence; 1 million won of Defendant I’s imprisonment with labor; and 3 years and additional collection 9.5 million won, the prosecutor is too unaf
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding Defendant G’s assertion of mistake of facts and misapprehension of legal principles, it is difficult to view that the court below’s sentencing of additional collection KRW 20 million to the Defendant is against the principle of proportionality even when considering all circumstances alleged by the Defendant.
Therefore, the defendant's above assertion is without merit.
B. As to the assertion on unreasonable sentencing, (1) Defendant C, D, E, and F did not have any other criminal history except for the previous criminal record of a fine of this kind before the crime of this case committed by Defendant C, each of the above Defendants committed the crime of this case; (2) actively cooperate in the investigation and assist in arresting accomplices; (3) the lower court agreed with the victim AO and CU; and (4) agreed with the victim AP, Q, CW, CW, CS, AS, ASS, and AD in the trial.
However, the Defendant brought the Defendant B and E into the instant crime, and 1 and 2 counselors from “L Team”, which is the call center for committing the instant crime.