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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for one year, for each of the defendants B and C, and for each of the defendants D.
Reasons
1. The summary of the grounds for appeal (for defendant A: two years of suspended sentence of imprisonment for one year; probation, community service, 80 hours; 2 years of suspended sentence of ten months; probation, community service, 80 hours; 2 years of suspended sentence of ten months; 2 years of suspended sentence of ten months; probation, community service, 80 hours; 80 hours of probation, 1 year of suspended sentence of six months; 80 hours of community service, 80 hours in case of defendant D) that the court below sentenced are too uneasible and unfair.
2. The Defendants appear to have a strong attitude to see the entirety of the instant crimes and to repent their errors in depth.
In addition, the Defendants agreed with six victims of the instant case and deposited money equivalent to the amount of damage to the victims.
In addition, the defendant A is in a position to support his married couple who received surgery such as cerebral mathy removal, etc., and recently, it is said that the defendant A will not commit any more crimes by taking over restaurants and doing normal economic life.
Defendant
B seems to have not improved health conditions due to medical treatment for urology for more than three years.
Defendant
C is the most important family to support the mother, denial, and three children of the aged.
Defendant
D has no record of criminal punishment until now.
Such circumstances are the circumstances that should be considered favorable to the Defendants in the course of the determination of the sentence against the instant crime.
However, the crime of this case was committed by the Defendants, by deceiving the effect of the drug materials against the elderly people (the total of eight persons), thereby taking money (total of 14.4 million won) in the name of the drug price.
피고인들이 미리 각각의 역할과 그에 대한 은어(隱語), 기타 동작암호까지 정하여 둔 점, 충주, 인천, 부천, 강릉 등 전국 각지의 재래시장을 돌아다니며 물색한 고령의 촌로(村老)들을 상대로 건강에 도움이 되는 약재인 양 적극적계획적으로 거짓말한 점, 범행 발각을 대비하여 서로의...