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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
, however, the defendant.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants to the punishment (one year of imprisonment with prison labor) is too unreasonable.
2. The favorable circumstances are that Defendant A recognized the instant crime and reflects his mistake when the judgment on Defendant A’s unfair argument of sentencing was made in the first instance.
However, in light of the content of the crime of this case and the scale of damage, the liability for the crime of this case is not easy, and the defendant A was in charge of the leading role, the most of the amount of fraud was used, the damage was not recovered from the victim to the depth, and the defendant A's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, and other various circumstances that are conditions for sentencing, such as the defendant A's age, sexual behavior, environment, motive and circumstance of the crime, means and consequence, and new circumstances or changes in circumstances that are likely to be reflected in the sentencing after the decision of the court below, it is not recognized that the sentence imposed by the court below is too unfair.
3. Determination on Defendant B’s unfair argument of sentencing is an unfavorable circumstance in light of the content of the instant crime and the amount of damage, and Defendant B’s role.
However, in the first instance of Defendant B, recognizing the instant crime, and against his mistake, and paying KRW 70 million, which is the amount equivalent to the borrowed money he acquired by the victim in the first instance, the injured party did not want to punish Defendant B, and the fact that Defendant B did not have any record of criminal punishment prior to the instant case is favorable.
In addition, comprehensively taking account of the various circumstances such as Defendant B’s age, sexual conduct, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, it is recognized that the sentence imposed by the lower court to Defendant B is too unreasonable.
Therefore, Defendant B’s argument of sentencing is justified.
4. Conclusion, Defendant A-A-.