The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

except that this shall not apply.

Summary of Grounds for Appeal

A. The sentence imposed by the court below (the defendant A: 10 months of imprisonment, 2 years of probation, 200 hours of community service, 6 months of imprisonment, 2 years of probation, 2 years of probation, 200 hours of community service) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

Judgment

From the investigative agency to the court below, the defendants never denied their crimes, and the fact that the amount of damage exceeds KRW 40 million is disadvantageous to the defendants.

However, in full view of the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, etc., the punishment imposed by the lower court on the Defendants is too unreasonable, taking account of various sentencing conditions, such as the Defendants’ age, character and behavior, environment, motive of the crime, means and consequence, etc., such as the fact that the Defendants were committed in the course of the crime and against the mistake, that the victims were compensated and agreed to the compensation for damages in the course of the trial.

In conclusion, the prosecutor's appeal is without merit and the defendants' appeal is with merit, so the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act of the suspended execution;