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The judgment below
The part concerning Defendant A and D shall be reversed.
Defendant
A 10 million won, Defendant D.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (the imprisonment of eight months for Defendant A, the imprisonment of one year and two months for Defendant B, the imprisonment of nine months for Defendant C and the imprisonment of one year for Defendant D) is too unreasonable.
2. As to the judgment on the part against Defendant A, the amount of the instant revolving KRW 18,00,000, and the nature of the instant crime committed by the victim to receive money is considerably good. Defendant A committed the instant crime during the period of repeated crime due to the crime of forging a private document.
In addition, the above defendant has been punished for the same crime of attack.
However, the above defendant is against the facts charged, and the injured person does not want to punish the above defendant, and the damaged vehicle was restored to the victim.
In addition, the above defendant did not have a leading position by simply participating in the crime of this case.
In addition, comprehensively taking account of the following circumstances, such as the above defendant's age, sex, environment, background leading to the crime, and circumstances after the crime, the sentence of the court below is unreasonable.
3. The judgment on the part concerning Defendant B is contrary to the facts charged, and the degree of injury of the victims of the injury and the traffic accident is not severe, and the victims of the above crime agree with the victims, and they do not want the above punishment.
And the vehicle, which is an object of the crime of attack, was restored to the victim.
However, the proceeds of the instant crime amounting to approximately KRW 18 million, and the nature of the instant crime committed by the victim to receive money is considerably good, and the said Defendant committed the instant crime during the period of repeated crime due to the same attack, etc.
In addition, among the blood of this case, the alcohol concentration is high as 0.126% and driving a vehicle not covered by insurance, and the defendant is punished for driving under drinking.
(2).