Text
The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for a period of three years and six months, and Defendant B.
Reasons
1. Summary of grounds for appeal (unfair sentencing)
A. In light of the fact that the Defendants reflects the depth of the Defendants, the degree of the Defendants’ participation in the crime of fraud is weak and the benefits acquired are not much high, the equity in sentencing with P, the principal offender, should be considered as an accomplice in the crime of fraud, the fact that there is an agreement with some victims of the crime of fraud in the trial, the circumstances that may be considered in the course of the crime of intimidation and intimidation in the case of Defendant A, and the cooperation in the investigation into the crime of fraud in the case of Defendant B, etc., the lower court’s punishment against the Defendants (Defendant A: four years of imprisonment and confiscation, Defendant B’s imprisonment, three years of imprisonment, and Defendant C: two years of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.
2. In full view of the circumstances such as the fact that the Defendants agreed with some victims of fraud in the trial, the sentence imposed by the court below on the Defendants is somewhat unreasonable.
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 following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act (the main driving point), Articles 151(1) and 31(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 352, and 30 of the Criminal Act, Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 283(1) of the Criminal Act, Article 239(2) and 239(2) of the Criminal Act.