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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
Defendant
B.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (Defendant A: imprisonment of 1 year and 10 months, and Defendant B: imprisonment of 2 years and 3 months) is too unreasonable.
B. It is unreasonable that each sentence imposed on the Defendants of the lower court by the Prosecutor is too unhued and unreasonable.
2. Determination
A. The crime of Bophishing, such as the instant case, on the assertion of unfair sentencing against Defendant A and the prosecutor, committed Bophishing, in a planned and organized manner against many and unspecified persons, thereby causing serious damage to the victims, and the social harm and severe punishment are required. Defendant A was responsible for the role of telephone counselor in the instant crime, and the degree of his participation in the criminal act cannot be said to be negligible.
However, in full view of the various sentencing factors indicated in the instant pleadings, such as the confession and reflection of the instant crime by Defendant A, Defendant A is the first offender, the agreement with the victim during the first instance trial, and other factors indicated in the Defendant A’s age, character and conduct, environment, the process and consequence of the instant crime, the circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable. As such, Defendant B’s assertion of unfair sentencing is reasonable, and the Prosecutor’s assertion of unfair sentencing is without merit.
B. As to Defendant B’s assertion of unfair sentencing against Defendant B and the prosecutor’s assertion of unfair sentencing, Defendant B led to confession and reflect on the instant crime, and Defendant B did not have any other criminal record, etc. on one time of fine and no other criminal record, etc. are favorable to Defendant B.
On the other hand, the crime of Bosing, such as the instant case, is planned and organized against many and unspecified persons, thereby causing serious damage to the victims as well as serious social harm and severe punishment are needed. Defendant B is responsible for the role of a telephone counselor in the instant crime.