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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
Summary of Grounds for Appeal
A. The court below found the Defendant guilty of this part of the facts charged, although the Defendant did not have contributed to the victim M, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
B. Unless otherwise, the lower court’s sentencing (six months of imprisonment) is too unreasonable.
Judgment
A. In full view of the following circumstances that can be recognized by comprehensively taking account of the evidence duly admitted and examined by the court below and the trial court as to the assertion of mistake of facts, i.e., (i) the victim M is in a restaurant with the investigative agency from A to A and AB, and the Defendant and the Defendant made a statement that he/she provided that he/she would create a bad atmosphere in which he/she was called “Negrgrgrgrgr,” and that he/she remitted KRW 10 million to A in the same place, and (ii) the accomplice, who was an accomplice, was sentenced to a suspended sentence of 1 year and 6 months for the same criminal facts as the Defendant, and did not appeal two years for a suspended sentence of 1 year and 6 months for which he/she was sentenced, as described in the facts charged, could sufficiently recognize the facts that he/she conspired with the victim as described in the facts charged.
B. The lower court’s sentencing is somewhat somewhat reasonable in light of the following circumstances: (a) the Defendant denied the fact that the Defendant conspiredd to the victim; (b) the Defendant was sentenced for eight months as a crime of violating the Act on the Control of Narcotics, Etc.; (c) the Defendant is currently serving a repeated offense period; (d) the degree of the Defendant’s participation does not seem to be more severe than A and B, an accomplice; and (e) the victim does not want the Defendant’s punishment by mutual consent with the victim; (e) the equity in sentencing with the same and similar incidents; (e) the motive and circumstance leading up to the instant crime; (f) the circumstances after the instant crime; (f) the Defendant’s age, character and conduct;