beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for seven months.
Defendant of the Prosecutor.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
C. Defendant C1’s misunderstanding of facts did not invite the victim to take money by threatening sexual intercourse with I and other Defendants in advance. After that, the Defendant participated in the agreement process between I and other Defendants and the victim, and received money from Defendant A, but did not know of the first and other Defendants’ joint conflict crimes and did not take part in it. (2) The sentence of imprisonment (six months of imprisonment) sentenced by the lower court of unreasonable sentencing is too unreasonable.
The sentence (as above, Defendant A, Defendant B, and Defendant C: imprisonment with prison labor for six months, suspension of execution for two years, community service for 80 hours) declared by the court below by the public prosecutor is unreasonable.
2. Determination
A. As to Defendant C’s assertion of misunderstanding of facts, the court below asserted the same purport as the above grounds for appeal at the court below, and the court below rejected the above assertion in detail with the detailed statement of the judgment as to the above argument under the title “reasons of a crime” in the judgment. In light of the above judgment of the court below in comparison with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. As to the assertion on unfair sentencing, Defendant A, C, and D did not have the same record as to the assertion on unfair sentencing, and Defendant A, C, and D did not have any criminal record exceeding the fine, Defendant A and D made a confession of the instant crime and statement that they were divided. Defendant B, an accomplice, deposited KRW 10 million for the victim, and Defendant A made an effort to recover from damage by deposit KRW 5 million additionally.
On the other hand, the defendant C.