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The judgment below
Part concerning Defendant A, B, and C shall be reversed, respectively.
Defendant
A, Defendant B, and C, who were sentenced to eight months of imprisonment.
Reasons
1. The lower court’s sentence against the Defendants on the summary of the grounds for appeal (one year of imprisonment and confiscation, eight months of imprisonment and confiscation, Defendant C: imprisonment with prison labor for eight months and confiscation, Defendant C: imprisonment with prison labor for eight months and Defendant D: imprisonment with prison labor for six months) is too unreasonable.
2. Determination
A. We examine the reasoning for appeal by Defendant A, B, and C. Each of the crimes of this case was committed in collusion with the above Defendants to plan the crime closely and systematically by installing and using special equipment. In particular, Defendant A planned each of the crimes of this case by proposing the crime, preparing special equipment, etc., and played a key role in leading each of the crimes of this case. Defendant C conspiredd to commit each of the crimes of this case with Defendant A from the beginning, and provided the uniforms operated by Defendant C as a place for gambling, etc., and Defendant B took part in the actual gambling. Defendant B took part in the fund management of each of the crimes of this case. Defendant B took part in part in part in the crime of this case, which is highly likely to be subject to criticism.
However, due to the operational error of special equipment, some of the crimes of this case were attempted, the amount of fraud was not relatively large, the victims are also responsible for the occurrence of each crime of this case and the expansion of damage, the victims are not able to be punished against the above defendants by mutual consent, and the above defendants have a favorable circumstance for the above defendants, such as the fact that there is no criminal record for the same kind of crime, and there is no other criminal record for the same kind of crime, and the court below's punishment is unfair because of the following factors, comprehensively taking account of all the sentencing conditions shown in the arguments of this case, such as family relation, age, sex, environment, motive, means and result of the crime, etc. of the defendants, the punishment of the court below is too unreasonable.
Therefore, above.