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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for four months.
Reasons
[Judgment as to the Reasons for Appeal] The sentencing of the court below (the sentencing of the defendant A: imprisonment with prison labor of one year and six months, and imprisonment with prison labor of six months) is too unreasonable.
On the argument of unfair sentencing by Defendant A, each of the instant crimes committed by Defendant A, in collusion with the above Defendant B, by obtaining alcohol and food equivalent to KRW 600,000 from the victim E, and on the other hand, by assaulting the victim I, M, and Q three times in total, by taking the victim’s 1,80,000 won or more, and by taking the victim’s 1,80,000 won or more, and by committing two times in the course of being arrested as a flagrant offender, the police officers U U during the investigation. As such, the Defendant committed an indecent act four times in a short period of time and used the police officers during the investigation, the nature of the crime is very bad, and the Defendant committed an act of assaulting the victim during the period of repeated crime due to fraud.
However, in light of the fact that the amount of deception obtained by each of the crimes of this case is not more than KRW 2.4 million and the degree of obstruction of the performance of official duties is not more serious, the defendant has no record of being punished as the crime of obstruction of the performance of official duties, the fact that the defendant recognizes and reflects the mistake, and all other circumstances that form the conditions of sentencing specified in this case, the sentencing of the court below is too unreasonable.
Defendant
As to the claim on unreasonable sentencing B, the Defendant has many records of punishment for fraud and committed the instant crime during the period of repeated crime due to fraud, etc., and is disadvantageous to the Defendant.
However, the crime of this case was committed by the defendant in collusion with the above defendant A, which is a relatively small amount of money acquired by defraudation as a result of receiving 600,000 won or more from the victim E, and there was a conclusive intention for the fraud of the defendant.