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Defendant
All of the appeal filed by A and the appeal filed by the Prosecutor against Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment)’s imprisonment (one year and six months of imprisonment) is too unreasonable.
B. The prosecutor (e.g., imprisonment with prison labor for one year and six months) of the lower court against Defendant B is deemed to be too uneasible and unfair.
2. The Defendants’ assertion of Defendant A and the Prosecutor are the primary offenders, and Defendant B appears to have committed the instant crime with the belief of Defendant A’s horse and the willful negligence, etc., are the factors of sentencing favorable to the Defendants.
On the other hand, the crime of this case is an unfavorable sentencing factor against the Defendants, such as: (a) the Defendants took the personal seal that the Defendants had no substance and obtained the unlisted stocks from eight victims; (b) the Defendants acquired a total of KRW 145,705,00,00 from eight victims; and (c) the Defendants used the workshop expenses to deceive the victims or the costs of their living; (d) the Defendants’ nature was very bad; and (e) the victims did not recover most of the damages to the victims; and (e) the victims wanted the Defendants’ punishment simply.
The lower court determined the sentence against the Defendants by comprehensively taking into account the above elements of sentencing, and there is no change in the sentencing conditions that may be newly considered in this court compared with the lower court.
In addition, considering the Defendants’ age, family relation, character and conduct, criminal records, motive and circumstances leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not recognized that the Defendant’s punishment is too heavy, or that the Defendant’s punishment is too uneasible.
3. Conclusion, since both Defendant A’s appeal and the Prosecutor’s appeal against Defendant B are without merit, they are all dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.