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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
(b).
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 8 months, Defendant A: imprisonment with prison labor for not more than 6 months, suspension of execution for not less than 2 years, and community service for not less than 200 hours) of the lower court is too unreasonable.
2. In light of the contents of the instant crime and the degree of damage, the Defendants were disadvantageous to the Defendants; however, the Defendants recognized the instant crime and reflect their mistakes; the Defendants did not have the power to punish the Defendants for the same kind of crime; Defendant B did not have the degree of participation; Defendant B’s payment of the agreed amount of KRW 20 million after the pronouncement of the first instance trial to the victims and agreed that the victims did not have to punish the Defendants; and the Defendants’ age, character and behavior, environment, motive and background of the crime, means and consequences of the crime; and other circumstances that are the conditions of sentencing, such as the following circumstances, are deemed unfair. In full view of all, the lower court’s punishment imposed on the Defendants is deemed unfair.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on the following reasoning.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court are as stated in the corresponding column of the judgment below, except for adding "the defendants' oral statement" to the summary column of evidence 1.1. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Defendants of relevant legal provisions concerning criminal facts: Articles 347(1) and 30 of the Criminal Act;
1. Defendants subject to suspended execution: The Social Service Order Defendant A: Defendant A, prior to the grounds for appeal for sentencing under Article 62-2 of the Criminal Act, shall take into account the conditions of sentencing in determining the grounds for appeal.