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The judgment below
Of them, the part concerning the first crime of defendant A as to the judgment against defendant A shall be reversed.
Defendant
A is a crime of No. 1.
Reasons
1. The sentence of the court below against the defendants (the defendant A: 2 years of suspended sentence in 8 months of imprisonment, 2 years of suspended sentence in 2 years of suspended sentence in 2 and 3 years of suspended sentence in 1 year of imprisonment with prison labor for the crimes No. 1 as indicated in the judgment of the court below, and 2 years of suspended sentence in 2 years of suspended sentence in 2 years,
2. Determination
A. Part 1 of the judgment against Defendant A) taking into account the following factors: (a) the fact that the Defendant was punished several times for the same kind of crime; (b) the defrauded amount was not satisfied with the name or did not agree with the victim; (c) the Defendant’s age, character and conduct, relationship with the victim; (d) motive, means and consequence of the crime; and (e) other various sentencing conditions such as the circumstances after the crime became final and conclusive on August 10, 2010; (b) the lower court’s punishment is too uneasible even when considering equity with the case where the judgment becomes final and conclusive on August 10, 2010 at the same time; (c) the Defendant agreed with the victim Q and Z and collected bills; (d) partially deposited money to repay damage to the victim; (e) the relationship with the victims; and (e) the relationship with the victims; and (e) the motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment is unreasonable.
B. The fact that Defendant B was sentenced to punishment for the same kind of crime, or the degree of participation in the crime is relatively minor, and in light of various sentencing conditions, such as the Defendant’s age, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable.
3. In conclusion, the prosecutor's appeal on the part concerning the first crime in the judgment of the court below against Defendant A is with merit. Thus, this part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again subsequent to pleadings.