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The judgment of the court below is reversed.
Defendants shall be punished by a fine of four million won.
The above fine shall not be paid by the Defendants.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the Defendants (six months of imprisonment) is too unreasonable.
2. Although the Defendants did not agree with the victim, there were unfavorable circumstances to the Defendants, such as the Defendants’ failure to agree with the victim. Meanwhile, the Defendants recognized all the facts charged in the instant case at the time of the trial and reflect in depth the mistakes, the Defendants deposited considerable amount of money for the victim (Defendant A: KRW 25 million, Defendant B: KRW 20 million), and Defendant A did not have any criminal record other than the one sentenced to a fine once, and Defendant B did not have any criminal record other than the one sentenced to a fine, and other circumstances revealed in the records and arguments, such as the Defendants’ age, sexual behavior, environment, etc., the Defendant’s argument that the sentence imposed by the lower court against the Defendants is excessive and unfair, and therefore, the Defendants’ assertion is justified.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as shown in the corresponding column of the judgment below, except for adding “1. Defendants’ oral statement” to the column of the evidence. As such, the summary of the facts charged and the evidence is cited by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and the Defendants’ choice of punishment regarding criminal facts: Articles 307(2) and 307 of the Criminal Act; and the choice of fines
1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act