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Defendant
All appeals filed by A, B, C, and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower judgment against the Defendants A, B, and C (Defendant A: Imprisonment of August, Defendant B, and Defendant C: 10 months) is too unreasonable.
B. Each sentence of the lower court’s judgment (as above, 2, and 3: Defendant D: Imprisonment with prison labor for 2 years of probation, 240 hours of community service, Defendant E: Imprisonment with prison labor for 6 months) is too unfasible and unfair.
2. In full view of the following favorable reasons for sentencing and the reasons for the Defendants’ participation in and degree of participation in and role in the crime, and there is no evidence to prove that Defendant B and E, including the purchase price in the auction procedure of this case, obtained profit from the crime of this case, Defendant A, C, and D, and all matters concerning the sentencing as indicated in the Defendants’ age, family relation, economic situation, and other records and changes, the lower judgment’s respective punishment is deemed appropriate and there is no change of circumstances to be considered in the trial of this case, and thus, Defendant A, B, C, and Prosecutor’s assertion are without merit.
A. The grounds for favorable sentencing (1) both the Defendants are against their depth while making a confession of the instant crime.
② The remaining Defendants except Defendant D have no record of crime for the last ten years, and Defendant D has been punished by a fine for dual punishment between the last ten years.
③ Defendant A and C have retired from the office of executive staff after committing the instant crime.
④ Defendant A, B, C, and D are the most children of one house, and they seem to have faithfully supported their wife, children, and parents.
⑤ Defendant A paid KRW 10 million to the Z which is the bidder of the next order of the auction procedure of this case. The above Z does not want to be punished by Defendant A, and Defendant E has the right to claim compensation for damages arising from the crime of this case as the preserved bond.