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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal (for defendants, one year of imprisonment, two years of suspended execution, one year of probation, one year of community service order, and one hundred and sixty hours of community service) declared by the court below is too unfford and unreasonable.
2. Determination
A. On December 29, 201, Defendant A had a record of being sentenced to a fine of three million won for a crime of the same type of fraud on December 29, 201, the victim F wanting to punish the Defendant, and the proposal was made first to B for a crime of forging a private document, etc. that is disadvantageous to the Defendant.
However, in full view of the fact that the Defendant deposited 24 million won out of the amount acquired by deception for the victim F for the victim F, and that there is no criminal record exceeding the fine, and all other sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the lower court is too uneasible and unreasonable.
B. The fact that Defendant B acquired money in this case is larger than KRW 110 million and is not agreed with LA, and that the fact that the crime was not committed due to the forgery of private documents, deceiving the victim and deceiving the money, etc. is unfavorable to the Defendant.
However, in full view of the fact that there is no criminal power for the defendant, and that A, who is the victim, takes the lead in the crime of this case and uses the stolen amount more, the fact that it is impossible to operate the main points that it operated as a result of the dispute process with L, and all other sentencing conditions as shown in the records and arguments, the sentence imposed by the court below is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.