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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.
except that this judgment.
Reasons
1. The main point of the grounds for appeal is that each sentence imposed by the court below on the Defendants is too unreasonable.
2. The Defendants’ participation in the instant crime is the so-called “Sishing,” which is planned and organized against many and unspecified persons, and the nature of the crime is extremely poor and social harm is required, and strict punishment is required. The role of the Defendants’ participation in the process of realizing the final profit of the crime is an essential role in the success of the crime. As such, the degree of participation is significant.
However, the defendants recognized all the crimes of this case; the defendants did not have any profit acquired through the crime of this case; the victims' damage was recovered; the defendant A had a greater need for edification rather than punishment for the first offender who did not receive any criminal punishment as a minor; and the defendant A had been detained for about four months as a result of the crime of this case and paid time for reflect.
In full view of the following: (a) the purpose of the short-term sentence against Defendant A can be deemed to have been achieved to a certain extent; (b) Defendant A agreed with the victim; (c) Defendant B deposited KRW 1 million for the victim at the time of the first instance trial; and (d) other factors of sentencing indicated in the record, such as the Defendants’ age, sexual conduct, circumstances leading to the instant crime; and (c) the circumstances before and after the instant crime, etc., the sentence imposed by the lower court to the Defendants appears to be somewhat unreasonable; and therefore, the Defendants’ above assertion is reasonable
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court against the Defendants is identical to each of the relevant columns of the judgment below, and thus, the Criminal Procedure Act is applicable.