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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 not more than ten months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower judgment against the Defendants (two years of imprisonment with prison labor for the Defendants A and ten months of imprisonment for the Defendants B) is too unreasonable.
B. Each sentence against the Defendants of the judgment below by the prosecutor is too unhued and unreasonable.
2. We examine the above arguments by the Defendants and the Prosecutor.
The crime of this case is a very poor crime in light of the method and content of the crime by taking charge of the defendants' role in withdrawing or remitting cash necessary for the crime of Bosing. The crime of this case is a very poor crime in light of the method and contents of the crime. The crime of Bosing is hard to crack down because the crime of this case is close, planned, and is in a structural aspect that is not easy to recover damage, and there is a very high social harm and injury. It is necessary to strictly punish the crime of this case. The total sum of damage from the crime of Bosing that defendant A participated as an accomplice amounting to about 136 million won, and the amount of damage from the crime of this case directly withdrawn by the defendant A reaches about 63 million won, and there is no significant profit acquired by the defendant A as the crime of this case.
On the other hand, the fact that the Defendants led to the confession of the crime and reflects the depth of the crime, there was no history of punishment in Korea for the Defendant A, Defendant B was the first offender, and Defendant B also went to the crime of this case in order to compensate for the damage by suffering from the damage of the Bophishing crime.
In light of the above sentencing factors, comprehensively taking into account the Defendants’ age, career, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the Defendant A’s punishment is too heavy or unreasonable because it is too heavy, and in the case of Defendant B, the said victim was in agreement with the Victim P in the first instance.