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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by imprisonment for not less than 11 months.
Defendant
A.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (for defendant A, 8 months of imprisonment, confiscation, and defendant B, one year of imprisonment) is too unreasonable.
2. Determination 1) The lower court sentenced Defendant A to eight months of imprisonment in consideration of the unfavorable circumstances and favorable circumstances to Defendant A.
The court below held that the judgment of the court below exceeded the reasonable limit in its discretion in full view of the fact that the defendant A seems to have sentenced to a minor minor punishment in light of the fact that the defendant A agreed with the victims and that the judgment of the court below exceeded the reasonable limit in its discretion.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, considering the circumstances and results of the instant crime, Defendant A’s age, sexual conduct, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable.
Therefore, Defendant A’s assertion is without merit.
2) Defendant B’s assertion was involved in the phishing crime, which was receiving a social carbon in determining the issue of Defendant B’s assertion, and the fact that the victims did not reach an agreement with the victims is disadvantageous to Defendant B.
On the other hand, the following conditions are favorable.
Defendant
In order to secure the performance of A's duties, only the person was living in China, but did not directly commit the phishing crime.
A period of participation (10 days) is short.
In the first instance, 3 million won was deposited for the victim M.
The mistake is divided and reflected.
There is no history of criminal punishment.
In addition, when comprehensively considering the circumstances of the instant crime, circumstances after the instant crime, Defendant B’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too excessive and unfair, and thus, Defendant B’s assertion is reasonable.
3. Conclusion, Defendant B-.