Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. The defendants' punishment (the defendant A: imprisonment of one year and eight months, and the defendant B: imprisonment of two years) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. The crime of Bophishing, such as the instant case, on the assertion of unfair sentencing on Defendant A and the prosecutor’s assertion of unfair sentencing against Defendant A, is committed on a planned and organized basis for many and unspecified persons, thereby causing serious damage to the victims, and its social harm also requires strict punishment. Defendant A, who takes charge of the role of telephone counselor in the instant crime, directly commits a deceitful act against the victims, and the degree of his participation in the crime cannot be said to be negligible.
However, in full view of the following factors: (a) Defendant A led to the confession of and reflect against the instant crime; (b) Defendant A did not have any record of criminal punishment other than the juvenile protection case; (c) Defendant A deposited KRW 7.2 million for the victim’s Z; and (d) Defendant A deposited 80,000 for the victim V; and (c) Defendant A’s commission period is relatively short; and (d) Defendant A’s age, character and conduct, environment, the process and consequence of the instant crime; and (e) circumstances after the commission of the instant crime, etc., the lower court’s punishment is deemed unreasonable, and thus, Defendant A’s assertion of unfair sentencing is reasonable; and (e) the
B. Defendant B’s determination of the allegation of unfair sentencing on Defendant B and the prosecutor’s assertion of unfair sentencing regarding Defendant B is favorable to Defendant B, and the confession and rebuttal of the instant crime, and Defendant B’s primary charge are favorable to Defendant B.
On the other hand, the crime of Bosing, such as this case, is planned and organized against many and unspecified persons, thereby causing serious damage to the victims as well as serious social harm, and Defendant B is also in need of strict punishment.