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Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Seized evidence No. 4.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor (Defendant A) sentenced by the lower court to the Defendants (Defendant A: imprisonment with prison labor for a year and six months, and Defendant B: imprisonment with prison labor for a year and one year) is deemed to be too uneasible and unfair.
B. The punishment sentenced by the lower court to Defendant B is too unreasonable.
2. Unless there exist circumstances, such as where the first instance court’s determination of unfair sentencing against Defendant A by the prosecutor is deemed to have exceeded the reasonable scope of discretion, or where it is deemed unfair to maintain the first instance court’s determination of unfair sentencing based on the newly presented materials in the course of the appellate court’s review of sentencing, it is reasonable to respect the first instance court’s sentencing.
(2) In light of the aforementioned legal principles, the lower court’s argument is without merit, in full view of the following circumstances: (a) the lower court’s sentence imposed on Defendant A is too unafford; (b) the commission of the instant crime; (c) the commission of each of the instant crimes during the period of repeated crime; and (d) the commission of the Defendant A’s confession; and (c) the commission of the instant crimes during the period of repeated crime; (d) the Defendant B, an accomplice, paid the amount of damages to the Victim K; and (e) other favorable circumstances, such as the Defendant’s age, character and conduct, environment, motive and process of the instant crime; and (e) the circumstances after the commission of the crime, etc.; and (e) all the sentencing conditions indicated in the instant records and pleadings, including the record and pleadings.
3. Prior to the judgment on the prosecutor’s ex officio decision on the grounds of unfair sentencing and Defendant B’s assertion on unfair sentencing with respect to Defendant B, Defendant B was sentenced to ex officio on October 25, 2018 by embezzlement and a crime of violating the Electronic Financial Transactions Act from the Incheon District Court’s Busan District Court’s Busan Branch on October 25, 2018, and the judgment became final and conclusive on May 16, 2019
Defendant 1.