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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that this shall not apply.
Reasons
1. The decision of the court below (the defendant A: imprisonment of eight months and the defendant B: imprisonment of six months) is too unreasonable.
2. Determination
A. Although Defendant A was able to have been punished for the same crime, including suspended execution, Defendant A again committed the instant crime, the instant crime is deemed to have been committed. However, the total amount of damage caused by the instant fraudulent crime is not less than KRW 18 million, and Defendant A was late committing the instant crime, and his mistake is being divided in depth. Above all, Defendant A was at the trial, and the agreement was reached with the victim FF Co., Ltd., and Defendant A was the wife to support his child, and Defendant A was the wife to support his child. In addition, considering the various sentencing conditions indicated in the arguments, such as the age, character, environment, motive, means, and consequence of the instant crime, the sentence of the lower court is too unreasonable. Thus, Defendant A’s allegation is reasonable.
B. In addition, considering the following factors: Defendant B’s age, character and conduct, environment, motive, means and consequence of the crime, etc., Defendant B’s sentence is too unreasonable, since the sentence of the court below is deemed to be too unreasonable, since Defendant B’s above assertion is justified, since it is acknowledged that the sentence of the court below is too unreasonable, since Defendant B’s punishment is too excessive, Defendant B’s error was committed at a late time in the first instance, and then Defendant B’s crime was committed, Defendant B did not receive criminal punishment due to Defendant B’sless accusation, and Defendant B’sless accusation did not want criminal punishment.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is well-grounded, and the following decision is rendered after pleading.