Text
The judgment of the court below is reversed.
Defendant
A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. The gist of the grounds for appeal is that the sentence against the Defendants (Defendant A: Imprisonment with prison labor for 1 year and 6 months, and Defendant B: Imprisonment with prison labor for 8 months) is too unreasonable.
2. Although the amount of damage caused by the instant case was a large number of victims, considering the fact that the Defendants were committed at the time of the commission of the crime, and the victim did not want to be punished against the Defendants, the victim’s damage was recovered in the original judgment and the trial, the Defendants did not have any previous conviction, and all the sentencing conditions shown in the instant pleadings, including the age, sexual behavior, environment, etc. of the Defendants, punishment against the Defendants is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled as follows after pleading, on the grounds that the defendants' appeal is reasonable.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347(1) and 347(1) and 30 of the Criminal Act concerning the Defendants who choose to commit the crime;
1. Defendants on probation: Article 62(1) of the Criminal Act