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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for a maximum of eight months and six months.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendants (one year of imprisonment with prison labor for the defendants A, ten months of imprisonment with prison labor for the defendants B, and the short-term eight months) is too unreasonable.
2. Determination
A. Defendant A led to the confession and reflect of the instant crime, the victim did not have any substantial damage, and the fact that Defendant A did not have any domestic criminal power is favorable to Defendant A.
However, in full view of the following circumstances: (a) one of the instant crimes, such as the instant case, is a crime of acquiring an unspecified number of money in a systematic and planned manner; (b) not only the nature of the crime is very high; (c) the social criticism is high; (d) the mere participants are required to eradicate the crimes of Bophishing; (d) the Defendant A took part in the crime’s proposal without any particular awareness; and (e) took part in the act of bringing money together with the Defendant B; and (e) other circumstances that form the conditions of sentencing appearing in the records, such as the character, character, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the punishment imposed by the lower court on the Defendant A is too unreasonable.
B. In full view of all the circumstances, including Defendant B’s age of 16 years and 100,000 won in return for the commission of the crime, Defendant B’s age and 160,000 won in return for the commission of the crime, the confession and reflect of the crime in this case, the victim’s actual damage is not a location, the fact that there is no domestic criminal record, and other circumstances that are the conditions for sentencing indicated in the records, such as Defendant B’s character and conduct, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the lower
3. In conclusion, Defendant A’s appeal is without merit. Thus, Defendant A’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.