beta
Text
All of the appeals by prosecutors are dismissed.
Reasons
1. In light of the fact that the Defendants’ nature of the reasons for appeal is not good, the sentence imposed by the court below (the imprisonment of one year, additional collection of 17,655,300 won, the imprisonment of two years, 120 hours, community service work, additional collection of 3,00,000 won, and the fine of three million won for Defendant C) is too unreasonable.
2. The judgment of the defendant A is the chairperson of the apartment council of occupants' representatives, and the defendant B served as the head of the apartment management office, and the defendant C committed the crime of this case. The defendant C committed the crime of this case while operating the disease control company.
In light of the motive, method, and attitude of the Defendants to the investigation agency immediately after the commission of the crime, the quality of the crime in this case is not good.
However, the defendants recognized all of the crimes in this case and against the defendant A, and there is no previous charge to the defendant A and C, and the defendant A appears to have returned the amount of profit acquired to the victim's apartment council. The amount of profit acquired by the defendant B is difficult to view that there is a large amount of profit acquired by the defendant B, from the standpoint of the operation of the disease control company, the defendant C actively demanded money and paid money, and there is some reason to consider it in terms of the motive of the crime.
In full view of these circumstances, character and conduct, environment, etc. of the Defendants, and the conditions of sentencing as shown in the pleadings, the lower court’s sentence imposed on the Defendants cannot be deemed unfair because it is too uneasible. Therefore, the prosecutor’s aforementioned assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.