Text
The judgment below
The parts against the Defendants are reversed.
Defendant
B and D Each fine of KRW 500,000, and Defendant C.
Reasons
The summary of the grounds for appeal (e.g., punishment of a fine of KRW 700,00,000, Defendant D: fine of KRW 700,000, and Defendant C: fine of KRW 300,000) which the court below sentenced against the Defendant is too unreasonable.
Judgment
Although the Defendants were unable to agree with the victims, the Defendants appears to have led to the confession and reflect of the instant crime. Defendant B appears to have not been subject to criminal punishment; Defendant C was not subject to criminal punishment; and the degree of participation in the instant crime appears not to be more severe; and in full view of the Defendants’ age, character and conduct, environment, motive, means, and consequence of the instant crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendants’ age, character and conduct, environment, motive, means, and circumstances before and after the commission of the crime, the sentence imposed by the lower court is somewhat unreasonable, and thus, the Defendants’ assertion of unfair sentencing is
As the appeal by the Defendants is well-grounded, all parts of the judgment of the court below against the Defendants are reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged against the Defendants and the summary of the evidence recognized by this court are identical to the entries in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 314(1) and 30 of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts: Determination of fines
1. Defendants to be detained in the workhouse: Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act
1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act