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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 year and six months.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The sentence against Defendant B (a 3 years of imprisonment, confiscation, additional collection of KRW 410,00) by the lower court is too unreasonable.
B. Each of the punishments against the Defendant A and the Defendant B (the imprisonment of 10 months, confiscation, additional collection of 50,000 won, the imprisonment of 3 years, confiscation, additional collection of 410,00 won) of the lower court is deemed to be too uneasible and unfair.
2. Determination
A. As to the grounds for appeal against Defendant A by the prosecutor, there are a large number of access media stored and transferred by Defendant A, and the access media are managed by the organization of crime, and the fact that Defendant A seems to have been aware of it is unfavorable to the Defendant.
On the other hand, the fact that the defendant A recognizes his mistake and reflects his mistake, that the above defendant has no record of punishment for the same crime, and there is no record of punishment other than punishment once by fine, and that there is no social relation between the defendant A and the social relation between the defendant A seems to be two, etc. are favorable to the defendant A.
In addition to the above circumstances, taking into account various sentencing conditions as shown in the records and arguments of this case, such as Defendant A’s age, sexual conduct, environment, motive and means of crime, and circumstances after the crime, the judgment of the court below on sentencing against Defendant A is deemed appropriate within the reasonable scope of discretion.
Therefore, the prosecutor's improper argument about sentencing against the defendant A is not accepted.
B. We examine the reasons for each appeal against Defendant B and the Prosecutor B in a lump sum. The reasons for each appeal against Defendant B and the Prosecutor are examined.
Defendant
Although the so-called " Bosishing" crime, which was involved by B, is very serious social and economic harm, it is necessary to strictly punish those who participated in the crime as it is not easy to arrest the criminal, thereby preventing recurrence, and it did not reach an agreement with the victims.