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The judgment below
The compensation order and provisional execution part against C, who is an application for compensation by the court below, and the compensation applicant B and D by the court below, respectively.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The sentencing elements against the Defendant are six victims, the total amount of damage exceeds KRW 91,80,000,000, and there is a need for strict punishment for committing a crime relating to Bosing.
However, the defendant recognized the crime of this case and agreed with the victim F (payment of KRW 4 million out of the amount of damage KRW 10 million), victim B (payment of KRW 7.5 million out of the amount of damage KRW 13.2 million), victim D (payment of KRW 4 million out of the amount of damage amount of KRW 8 million), and victim W (payment of KRW 29 million out of the amount of damage amount of KRW 29 million), victim E (payment of KRW 8 million out of the amount of damage amount) (payment of KRW 20.3 million out of the amount of damage amount of KRW 20.3 million), and the victim E (payment of KRW 8 million out of the amount of damage amount of KRW 20.37 billion), etc. are favorable to the defendant.
In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.
3. Since the appeal by the defendant is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the judgment of the court below (excluding the part of the compensation order and provisional execution against C which is the application for compensation by the original court, and the dismissal part of each application for compensation against B and D which is the application for compensation by the court below) is reversed
(An appeal by a prosecutor is without merit, but only if the original judgment is accepted by the defendant and reversed, the prosecutor's appeal shall not be dismissed separately). [Judgment which is multiple] Summary of facts constituting an offense and evidence and summary of evidence recognized by the court is the same as that of each corresponding column of the original judgment.