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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (the defendant A: 10 months of imprisonment, the suspended sentence of 2 years of imprisonment in June and the probation) is too unreasonable.
2. Determination
A. Although the period of committing a crime handling smuggling imported food against Defendant A is long, the scale of the crime is not small, and the unjust enrichment acquired by the above Defendant seems to have been significant through this, the above Defendant recognized his mistake and against the above Defendant. However, the above Defendant did not have any record of criminal punishment exceeding the fine prior to the instant case, and the above Defendant’s character, age, environment, family relationship, motive and background of the crime, the amount and consequence, scale, period, frequency of the crime, circumstances after the crime, degree of participation in the crime, equity in punishment among the accomplices, etc. are inappropriate.
B. As to Defendant B, there is a favorable condition for the above Defendant, such as the fact that the above Defendant recognized his mistake and reflects, and the degree of participation in the crime is relatively minor, but the period of handling smuggling imported food is long and the size of the crime is not small, and the unjust enrichment acquired by the above Defendant appears to be not much significant. In full view of the fact that the above Defendant had a history of criminal punishment for the same kind of crime prior to the instant case, and the character, age, environment, family relationship, motive and background of the crime, family relationship, motive and consequence, means and consequence, scale, period, frequency of the crime, circumstances after the crime, degree of participation in the crime, equity in punishment among accomplices, etc., it is not recognized that the above Defendant’s punishment imposed by the lower court is too unreasonable.
3. Conclusion, Defendant A-A-.