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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The gist of the grounds for appeal is that each of the punishments against the Defendants (Defendant A: Imprisonment of 2 years and 6 months; and Defendant B: fine of 3 million won) is too unhued and unfair.
2. Determination
A. Defendant A forged a private document and committed a fraud using it, and the crime of embezzlement is not good, and the fact that the damage has not been properly recovered even though the victim was a large number of victims, is disadvantageous.
However, in light of the favorable circumstances, such as the denial of some crimes at the court below's ruling of the court below as to the judgment of the court below, but without filing an appeal in a sense that respected the judgment of the court below, and the fact that the victim AA agreed smoothly with the court below, and other favorable circumstances, such as the defendant's age, sex, occupation and environment, motive and circumstance leading to the crime of this case, and all other factors of sentencing as indicated in the records and changes theory, it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.
B. In light of the circumstances that Defendant B’s mistake against himself, the primary offender who has no record of crime, the amount of embezzlement, favorable circumstances such as the fact that the amount of embezzlement is not large, and the degree of participation is minor, and other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the commission of the crime, etc., the Prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal against the defendants is without merit. Thus, all appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.