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The judgment below
Of the defendants B, the part of the defendant is reversed.
Defendant
B A person shall be punished by imprisonment for not less than one year and five months.
Defendant
A’s appeal.
Reasons
1. The summary of the grounds for appeal (one year and six months for each of the defendants) is too unreasonable.
2. Determination
A. Defendant A’s crime committed by Defendant A committed the so-called “DOS” attack on the Internet server of another person, thereby causing interference with the victim, and taking money by threatening the victims, and the nature of the crime is very poor in light of the criminal law and the period of the crime. The victim of the crime of this case was 79 persons, and the victim was 33 million won or more, but the damage was not completely recovered. In full view of all the sentencing conditions indicated in the records and arguments of this case, including Defendant A’s age, character and behavior, the environment, the background and result of the crime, etc., even though Defendant A’s mistake was seriously against Defendant A, and there was no record of punishment exceeding the fine.
Even if the lower court’s sentence against Defendant A is unreasonable, it cannot be deemed that the sentence against Defendant A is unreasonable.
B. Defendant B’s crime was committed by threatening the victims to attack “D-DOS” and the amount of damage exceeds 166 persons, 74 million won, and the quality of the crime is extremely poor in light of the method of committing the crime, the period of the crime, and the scale of damage. However, Defendant B’s mistake is very poor in light of the method of committing the crime, the amount of punishment exceeding the fine has no record of punishment exceeding the fine, and deposited KRW 4.5 million for the six victims at the trial, and the overall sentencing conditions indicated in the records and arguments of this case, including Defendant B’s age, character and behavior, the environment, the circumstances, and the consequences of the crime, etc., are considered to be somewhat unreasonable.
3. In conclusion, the appeal by the defendant A is dismissed under Article 364 (4) of the Criminal Procedure Act, and the appeal by the defendant B is reasonable. Thus, the judgment below is reversed under Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendant B is again decided as follows.
Criminal facts
(b).