The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for not less than three years and six months.

evidence of seizure.

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s Defendant’s mistake is against himself and the circumstances of this case, the lower court’s punishment (long-term 4 years of imprisonment, short-term 3 years of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing with Defendant B and C)’s sentence against the above Defendants (each of 8 months of imprisonment and 2 years of suspended sentence) is too uneased and unreasonable.

2. We examine ex officio the grounds for appeal by the above defendant A prior to the judgment on the grounds for appeal by the above defendant

Defendant

A, at the time of the pronouncement of the judgment of the court below, was sentenced as a "juvenile" under Article 2 of the Juvenile Act at the time of the decision of the court below. However, it is apparent that A was no longer a juvenile under the age of 19 and was sentenced to an illegal sentence.

Therefore, the judgment of the court below that sentenced the above defendant to be sentenced to an illegal sentence was no longer maintained.

3. In light of the following circumstances, the prosecutor’s improper assertion of sentencing against Defendant B and C by the above Defendants, there are a large number of 24 copies of the check cards, etc., and in light of the above Defendants’ custody of the check cards, etc., it appears that the said Defendants were kept to withdraw money deposited as phishing crimes.

However, considering the fact that the above Defendants had no record of punishment in the Republic of Korea, and all of the sentencing conditions as shown in the arguments of this case, such as the age, sex, environment, and method of crime, it does not seem that the sentence imposed by the court below to the above Defendants is too uneasible and unfair.

4. Since the part of the judgment of the court below regarding Defendant A among the judgment below is reversed ex officio as seen above, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the judgment of the defendant A's unfair argument about sentencing, and it is again decided as follows.

The Prosecutor’s appeal against Defendant B and C is without merit, and thus, Article 364(4) of the Criminal Procedure Act is applicable.