특수절도등
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for ten months, and for two years and two months, each of the defendants shall be punished by imprisonment for 10 months.
1. Summary of the grounds for appeal: The respective sentence of the lower court (one year of imprisonment with labor for the defendant A, and two years and six months of imprisonment with labor for the defendant B) is too unreasonable.
2. In light of the content and frequency of each crime jointly committed by the Defendants, and the number of victims, etc., the nature of the crime is not good, the damage therefrom is not recovered properly, the crime of violating the Electronic Financial Transactions Act committed by Defendant B is likely to be used as a means of serious other crimes, such as the security and reliability of electronic financial transactions, and the social harm, such as scaming, etc., may be used as a means of serious other crimes. In fact, the means of access provided by Defendant B was used for the crime, and the fact that Defendant B acquired profits from the crime is disadvantageous to the Defendants
However, there is considerable room to regard the Defendants as a living-based crime in light of the background of each crime committed by the Defendants, the amount of damage caused by each crime committed by the Defendants, and the amount of damage caused by each crime committed by the Defendants is relatively large. Although there is a record of juvenile protective disposition due to the same crime, there is no record of criminal punishment, in the case of Defendant A, there is no record of criminal punishment, and in the case of Defendant A, the victim of the special larceny of this case agreed with AP, which is the victim of the special larceny of this case. The victim E deposited the amount of damage.
In full view of the aforementioned circumstances and other various sentencing conditions as seen above, including the Defendants’ age, character and conduct, environment, motive for committing a crime, degree of commission of a crime, means and consequence, etc., and the circumstances after committing a crime, each of the lower courts’ punishment against the Defendants is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified.