beta
Text
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
Defendant
A 2019 Highest 1105.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., imprisonment for 4 months in respect of fraud in the judgment of the court below 2019Da1105, and imprisonment for 8 months in respect of the remaining types of fraud in the judgment of the court below, and one year in case of Defendant B) is too
2. The judgment of Defendant A is extremely weak to comply with the spirit of law, including committing the instant crime immediately after being sentenced to a suspended sentence, and Defendant B committed a planned and organized crime in the leading position, which is disadvantageous to the Defendants.
However, considering the favorable circumstances, such as the fact that the Defendants showed the attitude of recognizing and opposing the instant crime, the victim G, AH, and AL was additionally agreed upon after the judgment of the court below, and the victims expressed their intent not to be punished against the Defendants, the court below’s punishment is somewhat unreasonable in light of the following factors: (a) the Defendant’s age, character and conduct, environment, and circumstances after the commission of the instant crime; and (b) the court below’s punishment is somewhat unreasonable.
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 with merit. It is again decided as follows.
【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 79 subparag. 13 and 53(1) of the former Automobile Management Act (amended by Act No. 15321, Dec. 26, 2017); and Articles 53(1) of the former Automobile Management Act (amended by Act No. 15321, Dec. 26, 2017).