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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for six months, respectively.
, however, the defendant.
Reasons
1. The main reasons for appeal are as follows: each sentence of the court below against the defendants (defendant A: imprisonment of 2 years and 6 months; imprisonment of 8 months) is too unreasonable.
2. Determination
A. In light of the period, frequency, method, etc. of each of the crimes of this case, such as forging and altering a private document and using it by means of using it, and acquiring money from the victims as if the cosmetics were supplied, etc., the crime of this case is very poor; the amount of profits acquired by Defendant A due to each of the crimes of this case exceeds KRW 40 million; it was not agreed with the victims up to the trial; and most of the damage was not recovered, it is inevitable to punish Defendant A with severe punishment.
However, in full view of all the circumstances, including Defendant A’s age, sex, intelligence and environment, motive, background, means, method and consequence of the crime, circumstances before and after the crime, and criminal record, the punishment imposed by the court below against Defendant A is somewhat unreasonable, and thus, it is recognized that the punishment imposed by the court below is unfair, given that Defendant A and its defense counsel’s allegation of the above unfair sentencing is reasonable, since it is recognized that the punishment imposed by the court below is somewhat unreasonable, since it is deemed that Defendant A and their defense counsel have no family or friendship to make efforts to reach an agreement with the victims. The victim E, S, and K have submitted an application for punishment to the effect that Defendant A sought a preference against the victims.
B. As to Defendant B’s assertion of unfair sentencing, Defendant B’s embezzlement of each of the crimes of this case did not amount to KRW 23 million in total, and the fact that the damage has not been completely recovered until now is unfavorable to Defendant B, but on the other hand, Defendant B led to confession of all of the crimes and reflects his mistake, and at the lower court.