beta
Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for a term of two years and four months.
seizure.
Reasons
1. Summary of the grounds for appeal by the Defendants and their defense counsel
A. In light of the fact that Defendant A (unfair sentencing) recognized the error and against it, and the victim AT and BD expressed their intent not to be punished by Defendant A, etc., the lower court’s sentence that sentenced Defendant A to imprisonment with prison labor for three years and forfeiture is too unreasonable.
B. Defendant B (1) was involved in the crime of 321 square meters of land in Ischeon-si and 58,686 square meters of land in the above T (hereinafter “the instant land”), but in the case of the crime of 28,158 square meters of land in Pyeongtaek-si V (hereinafter “instant land”), only 7,50,000 won was introduced to A, who was his own land, and received 750,000 won under the pretext of introduction expenses, since Defendant B was punished as a principal offender for the crime of aiding and abetting the above crime, Defendant B cannot be punished as a joint principal offender, apart from the fact that Defendant B can be punished as a principal offender.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding Defendant B guilty of all the charges charged against Defendant B.
(2) In light of the fact that Defendant B’s wrongful sentencing recognized the crime against the land of this case and against it, and that the health condition is not good, the lower court’s sentence that sentenced Defendant B imprisonment with prison labor for a year and six months is too unreasonable.
2. Determination
A. In full view of the following facts: Defendant A’s mistake and reflects, there is no history of punishment imposed for the same kind of crime or of punishment exceeding a fine; the victim expressed his intent that he would not want the punishment of Defendant A after receiving compensation for damage; and the Defendant A’s age, sexual conduct, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is unreasonable.