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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 12,00,000 won, and by imprisonment of Defendant B for six months.
Reasons
1. Summary of grounds for appeal;
A. Each sentence sentenced by the court below (six months of imprisonment) is too unreasonable.
B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.
2. Regarding the defendants and prosecutor's unfair argument of sentencing, the act of reporting false facts for the purpose of having other persons receive criminal punishment is not only to injure the person under criminal punishment, but also to severely punish him as a serious crime that disturbs the exercise of the State's penal authority. As a result of the crime of this case, the defendant A committed the crime of this case without being aware of the record of the crime committed 8 times of a fine, suspension of execution, one time of a suspended execution, and three times of a punishment, even though he had been punished three times of a repeated crime, and the defendant B committed the crime of this case without being aware of the record of the crime committed during the repeated period.
However, in light of the following facts: (a) the Defendants made confessions of all the crimes of this case late in the first instance, and there is no history of punishment for each kind of crime; (b) Defendant B did not have the criminal history of punishment heavier than a fine; (c) the Defendant did not want to be punished by the Defendants; (d) the Defendant did not have any result of punishment for the Defendants; and (b) the Defendant did not have any result of punishment for theless accusation; and (c) other conditions of all sentencing as shown in the argument of this case, such as the Defendants’ age, sex and behavior, environment, motive, means and consequence of the instant crime; and (d) the circumstances after the commission of the crime, etc., it is recognized that each punishment imposed by the lower court is too unreasonable.
Therefore, the Defendants’ assertion is with merit, while the prosecutor’s assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendants is reasonable, and the judgment below is again decided as follows (Provided, That the appeal by the defendants is with merit, so long as the judgment of the court below is reversed.