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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
Defendant
B.
Reasons
1. The lower court’s respective punishment against the Defendants on the grounds of appeal is too unreasonable.
2. Determination
A. The fact that Defendant A recognized a mistake as to the crime of this case and reflected that he did not repeat again, and that profits from the crime were not high. The perception of the illegality of his act at the time of the crime seems to have been relatively insufficient. The main part of the crime of this case was that the K Association president has a right to interest over several years by using the position of K Association president.
In full view of all the circumstances shown in the records and pleadings, the Defendant was committed through a public bid with B, and the role of B was more or more or more likely to be deemed to be poor, such as equity in criminal punishment among the accomplices of this case, and the fact that the Defendant was not subject to punishment twice as a fine for the crime of this case prior to the instant case, and the Defendant did not have any other criminal records. As such, the lower court’s punishment against the Defendant is somewhat heavy.
The decision is judged.
B. The lower court already determined the sentence by fully taking account of all the circumstances that the said Defendant asserted on the grounds of appeal.
The above defendant committed the crime of this case by using the position of K Association President, and committed several crimes related to money, which have been punished over several times, and even if re-examination of all the sentencing conditions indicated in the record, it is too heavy for the above defendant to be punished by the court below.
It does not seem that it does not appear.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant A is reversed in accordance with the reasoning of the appeal. The appeal by the defendant B is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
【Grounds for the new judgment (Defendant A)】