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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment for one year, and Defendant B for one year.
Reasons
1. The sentence (one and half years of imprisonment, and two years of imprisonment) of the lower judgment against the Defendants in summary of the grounds for appeal is too unreasonable.
2. In full view of all the facts pertaining to the sentencing stated in the records and arguments of this case, the defendants appear to have led to the confession and reflect of all the crimes of this case from the investigative agency; the defendants provided considerable assistance in arresting the upper ships; the defendant A did not have much frequency of crimes; the period of punishment is shorter than the number of crimes; and there was no record of being punished or sentenced more severe than the fine; and in full view of all the matters pertaining to the sentencing stated in the records and arguments of this case, the punishment of the judgment below against the defendants is too unreasonable. Thus, the defendants' assertion is justified.
3. Accordingly, the part of the judgment of the court below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is ruled as follows.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article applicable to criminal facts;
A. Defendant A: Articles 362(1) and 30 of the Criminal Act (a) and Articles 44 Subparag. 3 and 29 of the former Petroleum and Petroleum Substitute Fuel Business Act (amended by Act No. 11234, Jan. 26, 2012); Article 30 of the Criminal Act (a)
B. Defendant B: Articles 362(1), 30 (the acquisition of stolens, and the acquisition of stolens, as indicated in Articles 8, 9, and 10 of the Criminal Act are excluded), Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54(1) of the Road Traffic Act, Article 148-2(1)1 of the Road Traffic Act, and Article 44(1) of the Road Traffic Act.