Text
Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (for the crimes No. 3 as indicated in the judgment below, 6 months of imprisonment, 11 to 9 of the table of crime No. 1 as indicated in the judgment of the court below, 4 months of imprisonment, 10 to 13 of the table of crime No. 1 as indicated in the judgment of the court below, and 2 months of imprisonment for the crimes No. 1 as listed in the judgment of the court below, and 4 and 5 of the judgment of the court below) is too unreasonable.
B. The lower court’s sentence against the Defendant B of the Prosecutor (eight months of imprisonment, two years of probation, two years of probation, and community service) is unreasonable.
2. The fact that Defendant A’s judgment on the unfair argument of sentencing was made in the first instance, and the Defendant appears to have committed a mistake by recognizing all the crimes, and that he did not want the punishment against the Defendant by mutual consent with the victims of the fraud, and that the crime No. 3 of the judgment of the court below should consider the equity in the case of sentence simultaneously with the crime for which judgment became final and conclusive.
However, in light of the law, content, and size of the crime of fraud of this case, the crime of this case is inferior; the defendant issued a false tax invoice to evade national taxes; the crime is not less weak in light of the number, size, etc. of the issued tax invoice; the record of punishment for fraud reaches eight times; the remaining crimes except for the crimes of subparagraph 3 in the judgment of the court below reaches eight times; the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case, including the defendant's age, sex, criminal activity, family relationship, circumstances after the crime, etc., are considered as the period of repeated crime of the final judgment of the court below or the crime during the period of suspended execution of the final judgment of the second court of the court below; it does not seem unfair because the court below'
Defendant
A's unfair argument of sentencing is not accepted.
3. The prosecutor's improper assertion of sentencing against the defendant B is not sufficient to commit the crime by deceiving money and vehicles from the victim AC in collusion with the defendant A.