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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.
Defendant of the Prosecutor.
Reasons
The reasoning of the prosecutor’s appeal against the Defendants in summary of the reasoning of the appeal is that the lower court’s punishment (Defendant A: one year and four months of imprisonment and two years of suspended execution, Defendant B: fine of KRW 15,00,000) is too unhued and unreasonable.
Judgment
A. The crime of this case committed by the prosecutor against Defendant A of the crime of this case is deemed to have been committed by the defendant while serving as a responsibility for delivering the staff of the criminal defendant of the criminal defendant of this case. In light of the circumstances leading up to the crime and the amount of defraudation, etc., the defendant is deemed to have committed the crime of this case, which is disadvantageous to the defendant.
However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, the victim does not want the defendant's punishment by mutual agreement with the victims, the defendant is a primary offender who has not been subject to criminal punishment so far, and the Korean Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has the unique area of the first deliberation as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under any special change in circumstances that can change the sentence of the court below after the sentence of the court below, and considering the circumstances that are the conditions of the sentencing as shown in the argument of this case, such as the defendant's age, character, and environment, it does not seem unfair to have been too unfair since the court's punishment against the defendant.
B. The circumstances favorable to the Defendant are recognized, such as the fact that the Defendant led to the confession of the instant crime, and the fact that the Defendant agreed with the victims and the victims.
However, the crime of this case is done by the defendant.