The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B.

1. The summary of the grounds for appeal (for defendant A: imprisonment with prison labor for a year and six months; and for defendant B: imprisonment with prison labor for a year and one year and two months) by the court below is too heavy or unreasonable.

2. The instant crime committed by the Defendants committed the crime of this case is very poor in that the Defendants conspired with the victims in a planned manner to gamble the morale by using the Mamera or small earphones, etc., and acquired the money from the victims amounting to 48 billion won, thereby committing the crime.

However, the Defendants are both aware of and against the instant crime, and the victim is also responsible for the occurrence of the instant crime and the expansion of damage, and Defendant A does not have the same criminal record, and Defendant B must take into account the equity with the case of judgment at the same time as that of the crime of fraud as indicated in the judgment below. In particular, in an appellate trial, there are extenuating circumstances, such as that the Defendants agreed with the victim only when they agreed with the victim and did not want to punish the Defendants.

In full view of the above circumstances and other sentencing conditions, such as the age, sex, environment, motive, means and consequence of the commission of the crime, the sentence of the lower court is somewhat unreasonable.

Therefore, the prosecutor's argument in this part is without merit, and the defendants' argument is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the Defendants is well-grounded, and the judgment below is again determined as follows after pleading (inasmuch as the appeal by the Defendants is without merit, and the judgment of the court below is reversed on the grounds that the appeal by the Defendants is well-grounded, the prosecutor’s appeal is not dismissed in its order). 【The grounds for the judgment re-written against the Defendants is identical to the facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are the same as the corresponding columns of the judgment of the court

Application of Statutes

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