beta
Text
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 four months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (the defendant A: imprisonment with prison labor for 8 months and the defendant B) declared by the court below to the defendants is too unreasonable.
B. The lower court’s respective sentence imposed on the Defendants is too uneasible and unreasonable.
2. The judgment of the Defendants, by misrepresenting the police officers, etc. to take money and valuables from the singing business operators selling the alcoholic beverages, etc., are not less and less vulnerable to the nature of the crime, and denying the crime of this case without being contrary to the judgment of the court below. However, the Defendants acknowledged and agreed to have the Defendants made a mistake by making a confession at the latest, and they did not have any property damage due to the restoration of the damaged goods. In full view of the favorable circumstances, such as the Defendants’ age, character and conduct, environment, motive and means of the crime of this case, the motive and consequence of the crime of this case, and all other circumstances that form the conditions of the sentencing of this case as shown in the records, including the following circumstances, it is recognized that the punishment imposed by the court below is somewhat unreasonable. The Defendants’ assertion of unfair sentencing is without merit, and the prosecutor’s assertion of unfair sentencing is without merit.
3. In conclusion, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendants shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, since the appeal by the prosecutor is without merit. However, inasmuch as the judgment of the court below is reversed by accepting each appeal by the defendants, the appeal by the prosecutor shall not be dismissed separately.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, Article 369 of the Criminal Procedure Act is applicable.