The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

, however, the defendant.

1. The decision of the court below (the defendant A: imprisonment of August and the defendant B with prison labor of 6 months) is too unreasonable.

2. Determination

A. In the instant case where there is no change in the sentencing conditions that may be particularly taken into account in the trial of the judgment party to the Defendant A’s unfair assertion of sentencing, the lower court, taking into account the various circumstances indicated in the column of “2. Determination,” comprehensively taking into account the following circumstances, including the Defendant A’s age, sexual behavior, environment, health condition, family relationship, motive, means and consequence of the crime, circumstances after the crime was committed, and criminal records, the lower court’s punishment is too heavy.

Therefore, the above defendant's assertion is rejected.

B. Determination on Defendant B’s wrongful assertion of sentencing is not good for the crime of this case and the amount of damage is considerably high to 60,80,000 won, Defendant B had two previous criminal records of the same kind, and Defendant B had a lot of previous criminal records of the same kind, which are disadvantageous to the above Defendant.

However, in full view of all other circumstances, including Defendant B’s age, sex, environment, health conditions, motive, means and consequence of the crime, circumstance after the crime, and record of the crime, etc., the sentence imposed by the court below against Defendant B is too heavy, in full view of the following circumstances: (a) the above Defendant repaid the victim of KRW 2 million to the court below; and (b) the victim did not want to be punished against the above Defendant any longer; (c) the above Defendant recognized the instant crime and went against the Defendant; and (d) the Defendant’s wife’s responsibility and care for his/her her her her her her her her her her her her her her her her her her her her s

The decision is judged.

3. As such, the part of the judgment below against the above defendant among the judgment below under Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant A's appeal is justified.