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All appeals filed by prosecutors and Defendant B shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the previous convictions against Defendant A of the same kind, and the fact that the Defendants have been engaged in unregistered credit business against many people for a long time, the sentence imposed by the lower court on the Defendants (for Defendant A, two years of suspended execution of ten months of imprisonment, confiscation, community service, 80 hours, and Defendant B: one year of suspended execution of four months of imprisonment) is too unreasonable.
B. In light of the fact that Defendant B is against the Defendant, the sentence imposed by the lower court is too unreasonable.
2. We also examine the judgment and the Defendant B’s assertion of unreasonable sentencing.
The defendants are all aware of the crimes and are against the mistake, and there are no criminal records of the same kind to Defendant B, etc. in favor of the defendants.
However, the Defendants engaged in unregistered credit business for a relatively long period of time in Daegu and Gyeongdo areas, and the total amount of loans exceeds 360 million won and exceeds the limited interest rate, Defendant A had the same criminal record, Defendant B was directly receiving money from Defendant A, and Defendant B had a high degree of participation in the commission of a female crime.
In full view of such circumstances, the Defendants’ character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too weak or unreasonable.
Therefore, prosecutor B and Defendant B’s assertion are without merit.
3. If so, the prosecutor and the defendant B’s appeal are without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.