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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D. A person shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below to the defendants (the defendant A: imprisonment of three years, additional collection of 15 million won, the imprisonment of one year and four months, the additional collection of 5 million won, the defendant D: imprisonment of one year and five million won, and the additional collection of 5 million won) is too unreasonable.
B. Each sentence sentenced by the prosecutor to Defendant B and D is too unhued and unfair.
2. Determination
A. It is reasonable to respect Defendant A’s assertion of unfair sentencing, in a case where there is no change in the sentencing conditions, and the sentencing of the original court does not deviate from the reasonable scope of discretion, compared to the original judgment.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances alleged by the Defendant as an element of sentencing in the court have already been revealed in the proceedings of pleadings by the lower court. There is no change in circumstances regarding the conditions of sentencing and the standard of sentencing after the lower judgment was sentenced.
The above circumstances and the court below's sentencing for the defendant is difficult to be deemed to have exceeded the reasonable scope of discretion, and the defendant's age, character and conduct, environment, motive and means of crime, consequence, degree and period of participation, and circumstances after crime, and all of the sentencing conditions in the arguments and records of this case are examined in full view of the following circumstances: (a) the risk of infringement on people's life is widely known, and thus, (b) it is highly necessary to cause awareness about the whole members of society at the same time; and (c) the court below's decision that the defendant's role is lower than M in light of the degree of punishment for M sentenced to three years and six months; and (d) it is difficult to view that the defendant's sentencing was lower than M exceeded the reasonable scope of discretion; and (e) the defendant's age, character and conduct, motive and means of crime, consequence, degree and period of participation, and circumstances after crime.