Text
Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of Defendant A (the fine of eight million won) by the lower court is too unreasonable.
B. The lower court’s sentencing (a fine of KRW 8 million is imposed on Defendant A, Defendant B: a fine of KRW 6 million) is too uneased and unreasonable.
2. Determination
A. Although there are extenuating circumstances such as the confession of the Defendant to commit the instant crime, the mistake is divided, the agreement with the victim is reached, and the living conditions of the recipient of the basic living security is difficult, in collusion with the Defendant B during the same repeated period of the same kind of crime, and the amount of damage is not significant, etc., the Defendant may not be held strictly liable for the instant crime.
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.
Defendant
The prosecutor's assertion of unreasonable sentencing is without merit.
B. In light of the fact that the Defendant was committed in collusion with A during the same period of repeated crime and that the amount of damage was not significant, etc., there are extenuating circumstances, such as the confession of the Defendant and the mistake, and the fact that there was an agreement with the victim, etc., which may be considered.
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and all of the sentencing conditions indicated in the instant case, the sentence of the lower court is adequate.
The prosecutor's assertion of unfair sentencing is without merit.
3. Conclusion, the appeal by the defendant A and the prosecutor 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.