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Defendant
A All appeals filed by the Defendants and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant A (six months of imprisonment) is too unreasonable.
B. The prosecutor's court below's each sentence (Defendant B: imprisonment with prison labor for six months and one year of suspended execution) against the Defendants is too unfasible and unfair.
2. The crime of this case is that the Defendants, in collusion with E, through the process of exchanging a vehicle provided to the victim for the purpose of securing the loan deposit with another vehicle, by deceiving the victim as if they were to repay the above debt with the proceeds from the sale of the said vehicle, and the nature of the crime is not weak in light of the content and result of the crime, and the amount of damage.
In addition, Defendant A is likely to commit the instant crime without being subject to criminal punishment on several occasions for the same crime, and again, during the period of repeated crime, there is a high possibility of criticism.
On the other hand, however, the defendants have shown an attitude against each other when they are aware of their mistakes, and there is no history of criminal punishment against the defendants B.
In addition, the amount deposited by the Defendants and E for the victims seems to have been considerably recovered from the damage caused by the instant crime.
Considering the aforementioned circumstances and favorable terms and conditions of the crime of this case, the circumstances after the crime of this case, the age of the Defendants, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of this case, each punishment of the court below against the Defendants is too heavy or unbrupted within the proper scope of sentencing discretion, and thus, it does not seem unfair. Accordingly, each of the above arguments of Defendant A and the prosecutor are without merit.
3. In conclusion, the appeal by Defendant A and the appeal by the prosecutor against the Defendants is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.