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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B-A. 2-A. B of the facts constituting the crime in the judgment of the court.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (4 million won in penalty) on Defendant B of the public prosecutor’s Defendant B is deemed to be excessively unhutiled and unfair.
B. The sentence of Defendant A (six months of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. The part against Defendant A (Appeal by Defendant A) (the fact that the Defendant recognized the instant crime, the fact that the Defendant paid KRW 6 million to the victim with repayment of damage, and the need to consider equity with the case where the instant crime of fraud becomes final and conclusive at the same time as the case of fraud is to be ruled.
(2) However, the amount of damage caused by the instant crime reaches KRW 54 million, and the amount of damage has not yet been recovered, and the victim expressed his/her intention to not to punish the Defendant at the lower court, but in the first instance trial, he/she submitted his/her written petition on August 23, 2016, seeking to punish the Defendant on the grounds of nonperformance of his/her official duty, and (3) other circumstances that are conditions for sentencing, such as the background, means, results, and circumstances after the instant crime, the sentence of the lower court is too unreasonable.
B. B. B, prior to the judgment on the grounds for appeal by the prosecutor on the part on Defendant B (the appeal by the prosecutor), the crime No. 2-A. 2-A. b. The crime committed in the judgment of the court below is one of the concurrent crimes under Article 37 of the Criminal Act with the crime of violation of the Punishment of Violences, etc. Act (Intimidation of group deadly weapons, etc.) which became final and conclusive on April 20, 2013.
The crime of resistance is not related to the above violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and the latter part of Article 37 of the Criminal Act, but to the latter part of Article 37 of the Criminal Act. Since the crime of resistance (b) and the former part of Article 37 of the Criminal Act are not related to concurrent crimes, the crime of resistance 2-A, b) and c) are not related to the crime in the judgment of the court below, each of the above crimes should be sentenced to separate punishment.