Text
The judgment below
Part concerning Defendant B and C shall be reversed.
Defendant
B Imprisonment with prison labor of two years and four months, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. The defendants' punishment (defendant A: imprisonment of one year and six months; imprisonment of two years and six months; imprisonment of two years and six months; imprisonment of two years and two years) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. The crime of phishing, such as the instant case’s unfair assertion on the sentencing of Defendant A and the Prosecutor’s judgment on the Defendant A’s unjust assertion on the sentencing of Defendant A, is committed on a planned and organized basis for many unspecified persons, thereby causing serious damage to the victims, as well as serious social harm and severe punishment is required. Defendant A, who assumes the call center counselor, assumes the victims, and conducts a direct deceptive act, is not easy to the extent of his participation, etc.
On the other hand, the fact that Defendant A led to the confession and reflect of each of the crimes of this case, the fact that Defendant A was punished by a fine, and that Defendant A agreed with the victims is favorable to Defendant A.
In addition, considering the various factors of sentencing as shown in the argument of this case, such as Defendant A’s age, sexual conduct, environment, the process and consequence of the instant crime, the circumstances after the instant crime, etc., the lower court’s sentence is deemed to be appropriate and deemed to be too heavy or too unreasonable. Therefore, Defendant A’s wrongful assertion of sentencing and the prosecutor’s argument of sentencing as to Defendant A are without merit.
B. The Defendant B and C’s wrongful assertion of sentencing and the Prosecutor’s judgment on the Defendant B and C’s wrongful assertion of sentencing, such as the instant case, are committed on a planned and organized basis for a large number of unspecified persons, thereby causing serious damage to the victims as well as serious social harm and severe punishment are required. Defendant B and C misrepresentate the call center counselor and directly against the victims.