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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.
except that this judgment.
Reasons
1. The sentence of the lower court (Defendant A: one year of imprisonment, two years of suspended execution, 160 hours of community service order, Defendant B: six months of imprisonment, two years of suspended execution, and 160 hours of community service order) is too unreasonable.
2. In light of the fact that the Defendants, as if they were to use in H’s public works, deceiving the victim’s Korean power construction work to obtain money, and Defendant A forged and used the standard contract and estimates of the contract, and the agreement to transfer the accounts under H’s name in the process of the crime of this case, and that the crime of this case is not good, and that there is considerable need to punish the Defendants, taking into account the fact that the Defendants, as well as the subsidies obtained by the Defendants, have reached a considerable amount of 280,2190,00 won.
However, the defendants recognized the entire mistake and returned the money by fraud to H. After the decision of the court below, the defendant B appears to have been in the process of performing the pulmonary cancer surgery and the defendant A also nurseed the defendant B, who is the wife, under the condition that the health condition is not good due to defoliants after the decision of the court below. However, it is very difficult for the court below to reduce the community service order due to such health condition of the defendants.
Considering the various sentencing conditions shown in the records and arguments of this case, such as the fact that the Defendants did not have the same criminal record, the lower court’s sentence against the Defendants is unlimited and unfair.
Therefore, the defendants' arguments are justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
【The reasons for the judgment to be used again 【The facts constituting a crime and the summary of evidence recognized by the court is the same as the stated in each corresponding column of the judgment below. Therefore, it is true in accordance with Article 369 of the Criminal Procedure Act.