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The judgment below
Part of the compensation order, except the compensation order, shall be reversed.
Defendants shall be punished by imprisonment for one year and two months.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (one year and eight months of imprisonment) is too unreasonable.
2. The instant crime of this case as to the reasons for appeal was committed by the Defendants by deceiving victims as if they were to sell goods through the Internet and the sales website in order to easily provide cost of living and entertainment, etc., and thereby, the crime is heavy in that the Defendants damaged the soundness of online trade order and inflicted a bona fide victims.
Not only 34 victims of the instant crime but also 10,000 won and more of the amount acquired by deceit shall be discussed.
Furthermore, the Defendants had the record of having been punished several times due to the crimes under the same law, and in particular, on March 23, 2017, the Incheon District Court sentenced each ten months of imprisonment with prison labor at the Incheon District Court on December 16, 2016 and completed the execution of the sentence on December 16, 2016 and began to commit the instant crime only three months, and until now, the amount of damage caused by the instant crime has not yet been recovered, taking into account the fact that the Defendants’ criminal responsibility is heavy.
Therefore, it is inevitable to sentence the defendants who continuously repeated the same kind of crime and do not seem to have the intention to improve their character and behavior.
However, even if there is a need for strict punishment as above, there is a favorable circumstance for the Defendants, such as ① the Defendants recognized all the crimes of this case and against their mistake, ② the Defendants grow up in a friendly family environment, and the Defendants seem to have been faced with difficulties to adapt to society after being released, and the instant crime was committed. However, a thorough examination of the lower court’s sentencing cases corresponding to the applicable law of the instant crime and the amount of damage, the sentence of the lower court that sentenced the Defendant to the punishment of one year and eight months, is an equity with similar cases.