beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal against the Defendants is too unreasonable in the lower court’s punishment (the Defendant A: the 10-year probation period; the 120-hour community service order; the 7.5 million won additional collection; the Defendant B: the 2-year probation period in the 8-month probation period; the 120-hour community service order and the 2 million additional collection amount).
2. Determination
A. Defendant A did not have a criminal record due to the same kind of crime.
Defendant
A Recognizing the instant crime, he/she reflects his/her mistake.
Defendant
A has agreed with D only smoothly and D, and D also wishes to have the Defendant’s wife.
Defendant
A shall support wife and four children.
These circumstances are favorable to Defendant A.
However, Defendant A was sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act, and a suspended sentence due to a violation of the Punishment of Violences, etc. Act.
The crime of this case was significantly damaged the public confidence in the criminal justice function of the country by receiving money on the pretext of a solicitation that the criminal court would be exempted from punishment.
Defendant
In light of the fact that A led the instant crime and received money by deceiving D without the intention of solicitation, and most of the money received from D are consumed for personal purposes, such as repayment of debt, etc., it is not very good to commit the instant crime.
These circumstances are disadvantageous to Defendant A.
B. Defendant B did not have a criminal record due to the same kind of crime.
Defendant
B Recognizing the instant crime, B reflects his mistake.
Defendant
B did not actively lead the instant crime.
Defendant
B The agreement between D and D is made only smoothly, and D also wishes to have the Defendant B's wife.
Defendant
B shall support the mother, old, and her son, and her son, who suffers from diseases, such as brain color, etc.
These circumstances are the defendant.