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The judgment below
The appeal by both the Defendants and the Prosecutor as to the part of the case against the Defendant is dismissed.
The judgment below
(2).
Reasons
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below to the Defendants (one year and six months of imprisonment) is too unreasonable.
B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.
2. Determination
A. Considering the circumstances asserted by the Defendants and the Prosecutor on the grounds of appeal or the circumstances of criminal agreement with the victims of the instant case, considering the fact that the Defendants and the Prosecutor received part of the amount of damage from G, who is an accomplice, and received the same as his/her accomplice, the lower court’s punishment against the Defendants is too heavy or too unreasonable.
B. (1) The compensation order pursuant to Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits is a system to specify the amount of direct property damage suffered by the victim of the criminal act, to order the defendant to compensate only in cases where the scope of the defendant's compensation liability is evident, thereby promoting the recovery of damage suffered by the victim simply and promptly. According to Article 25 (3) 3 of the same Act, if the existence or scope of the defendant's compensation liability is unclear, the compensation order shall not be issued, and in such cases, the court shall dismiss an application for compensation order by decision pursuant to Article 32 (1) of the same Act (see Supreme Court Decision 96Do945, Jun. 11, 1996, etc.). (2) The court below recognized the fact that the defendants acquired 29,400,000 won from the applicant for compensation as stated in the judgment of the court below, and jointly paid the defendants the compensation order to the applicant, 290,400 won.
However, according to the records, the applicant for compensation receives part of the damage from the accomplice G around May 2017 and has reached a criminal agreement with the above G.