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All appeals by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the first instance judgment against the defendant (two years of imprisonment) is too unreasonable.
A. The sentence of the first instance judgment against the Defendant by the Prosecutor is too unhued and unreasonable;
2. As a systematic and planned crime against many unspecified persons, the harm and injury inflicted on individuals and society is very serious in that not only a large number of victims are prone, but also a large number of victims are suffering from irrecoverable damage to individual victims in most economically vulnerable classes.
In addition, in light of the structure of the Singing organization and the process of committing the crime, even though the degree of intentional participation is not severe, it is inevitable to strictly punish the so-called “collection” and “delivery”, which implement the final crime and the delivery of the amount of damage, and the stage of concealment.
In addition, in addition, when considering the text of the message among the accomplices, the Defendant was aware of illegality from the beginning, but it is extremely difficult to view that the Defendant was involved in the phishing crime, such as accepting the demand of a person who was not aware of his name. ② The number of crimes is very large, the amount of damage is much more than KRW 100 million, ③ most of the victims suffered are not recovered, and there are considerable circumstances unfavorable to the Defendant.
However, there are also circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and expressed the intention of reflect, that the defendant agreed with one of the victims in the trial of the party, and that there is no record of committing the same kind of crime.
In addition, the sentencing of the court of the first instance exceeds the reasonable scope of discretion in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the offense, means and consequence, and circumstances after the offense.