The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

except that this judgment.

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment of 2 years and 10 months, and imprisonment of 6 months) is too unreasonable.

2. Determination

A. Defendant A’s lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of Defendant A, and there is no circumstance to newly consider in the trial of the Party. Therefore, even considering the circumstances asserted by Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even when considering the circumstances asserted by Defendant on the grounds of appeal.

B. The so-called “phishing crime” committed by Defendant B is organized and planned, and its social harm is very serious punishment is required. As such, the nature of the instant crime, which the Defendant participated in the phishing crime, is not weak.

However, there are circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the sentence of the court below is too unreasonable, taking into account all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence, and circumstances after the crime, it is recognized that the sentence of the court below is too unreasonable, considering all the following factors: (a) the defendant was the first offender; (b) the defendant was the first offender; (c) the crime committed by the defendant was committed; (d) the degree of participation by the defendant was relatively minor; and (e) the degree of participation by the defendant was relatively minor; and (e) the process of such participation appears to have taken into account.

3. In conclusion, Defendant B’s appeal is with merit. Thus, pursuant to Article 364(6) of the Criminal Procedure Act, the part concerning Defendant B among the judgment below is reversed, and the pleading is again decided as follows. Defendant A’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the evidence admitted by the court against the defendant B.