beta
Text
Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (the first crime, the second crime: the imprisonment of October, the second-A, the third crime: the imprisonment of two months, and the confiscation) of the lower judgment is too unreasonable.
B. The sentence of the lower judgment against the Defendants by the prosecutor (the above, Defendant A: 8 months of imprisonment and probation 2 years of probation, community service work 120 hours, Defendant C’s imprisonment and probation 2 years of probation , community service 80 hours) is deemed to be too uneasible and unfair.
2. Determination:
A. We examine the judgment against Defendant A, although it is deemed that the defendant reflects the crime of this case, and that the defendant seems to have a substantial profit from the crime of this case, it is recognized that the defendant had the record of being suspended from execution due to the same criminal act (violation of Personal Information Protection Act). The size of the illegal sports soil site of this case is reasonable, the establishment and operation of the illegal sports soil site of this case are organized, etc., and the crime of this case is very heavy, and the degree of harm and injury to society is relatively large, and the degree of participation in the crime of this case is relatively small. The defendant is a computer professional that takes the lead of the above site, and the degree of participation in the crime of this case is not somewhat minor, and the crime 1 and 2-B of the decision of the court below.
The crime is a crime committed by the defendant during the period of probation, and Article 2-A of the decision of the court below.
In full view of all the records and arguments of this case, including the circumstances of the crime of this case, the defendant's age, occupation, occupation, character and conduct, environment and circumstances after the crime, the punishment of the court below against the above defendant is deemed appropriate, and the defendant's assertion is without merit.
B. We examine the determination of Defendant B and C, and even though the Defendants involved in the instant crime, the Defendants’ nature of the crime was not somewhat weak.