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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for four months.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of each sentence that the court below sentenced against the Defendants (the imprisonment of four months for Defendant A and the community service order of one year and eight hours for a suspended sentence of four months for Defendant B) is too unreasonable.
2. The Defendants recognized the crime of this case when they were in the first instance, and are against their mistakes. Of the amount obtained by deception of this case, KRW 10 million, the remainder of KRW 25.7 million was in the first instance trial and deposited for the victim at the lower trial, and Defendant A did not have any history of criminal punishment exceeding the same criminal record and fine, and Defendant B was the first offender, etc. are favorable to the Defendants.
On the other hand, the crime of this case is a case in which the defendants acquired money by means of a long-term friendly relationship with the victim, and the nature of the crime is not good, the court below denied the establishment of the crime of this case by asserting the criminal intent of the crime of this case even before the court below, and the damage recovery has been delayed after a considerable period of time since the crime of this case, and the court below already sentenced the suspension of execution of imprisonment with prison labor for Defendant B, taking into account the favorable circumstances as seen above, and it is disadvantageous to the defendants.
In full view of the above circumstances and other circumstances, including the Defendants’ respective ages, sexual conduct, motive, means, and consequence of the instant crime, the circumstances after the commission of the crime, and the equality in sentencing with the same and similar cases, the sentence imposed by the lower court against Defendant B does not seem to be unfair and unfair, but the sentence imposed against Defendant A is deemed unfair.
3. In conclusion, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is decided after pleading. ② The appeal against Defendant B is without merit, and Article 364 of the Criminal Procedure Act is without merit.