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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. The public prosecutor’s sentence (fine 12 million won) imposed by the court below on Defendant B is too unfilled and unfair.
B. The sentence imposed by Defendant B (one year of imprisonment with prison labor, two years of probation, and two years of imprisonment with prison labor) is too unreasonable.
2. Determination
A. In light of the prosecutor’s assertion of unfair sentencing (Defendant A), the Defendant’s assertion of unfair sentencing is disadvantageous to the Defendant, such as the following: (a) the Defendant did not know even though he/she was at the same time during the period of repeated crime; and (b) there were many records of having been sentenced to criminal punishment due to the same type of crime; and (c) the method, circumstance, frequency, etc.
However, in full view of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, circumstances after the crime of this case, social ties, etc., the punishment imposed by the court below is too unreasonable, considering the following: (a) the defendant complained of the defendant's wife; (b) the defendant's wrong recognition of the defendant; and (c) the result of the crime of this case does not seem to have serious significance; and (d) the defendant has been detained for a considerable period of time due to the instant case; and (c) the time during which he was detained, etc., was committed.
B. As to the Defendant’s assertion of unreasonable sentencing, there are many records of punishment for the same kind of crime, etc. that are disadvantageous to the Defendant.
However, the fact that the Defendant agreed with the victim that the Defendant wanted to have the Defendant’s wife, that the Defendant recognized the Defendant’s mistake and reflects it, that the Defendant was detained for a considerable period of time due to the instant case, and that the instant case occurred in the process of receiving the money that the Defendant lent to P, and that the Defendant seems to have no profit to acquire more than the money that the Defendant would have to receive.