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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the Defendants in each sentence (Defendant A: fine of KRW 7 million, Defendant B: fine of KRW 2 million) against each of the Defendants.
2. The Defendants, while residing with the female of class 3 of intellectual disability that they became aware of through the Facebook, acquired approximately KRW 17.8 million in total from the victims by means of withdrawing the deposits of the victims and receiving loans in the name of the victims, etc. while living with the female of class 3 with low intellectual disability. In view of the applicable law of crimes, such crime is not good.
In particular, Defendant A committed the crime of this case without being aware of even though he had been in office during the suspension period due to the crime of this kind.
However, the Defendants were 19 years old at the time of committing the instant crime and were 19 years old at the investigation stage, and were able to return to members of a sound society after recognizing all the instant crime from the investigation stage. Defendant A agreed with the victim and her father and her father. Defendant B did not seem to have led the instant crime and did not have any record of criminal punishment before committing the instant crime, considering favorable circumstances favorable to the Defendants. In full view of the Defendants’ family environment, sex, criminal conduct, circumstances, means and consequence of the instant crime, and all of the sentencing conditions shown in the records and arguments, including the circumstances after committing the instant crime, the lower court exceeded the reasonable scope of discretion for sentencing.
It does not seem that it does not appear.
3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.