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The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for a year and six months, and for a defendant B, for two years, respectively.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The Defendants’ respective sentences (two years of imprisonment for Defendant A, and three years of imprisonment for Defendant B) are too unreasonable.
Defendant
A and its defense counsel explicitly withdrawn the assertion of mistake on the second trial date.
B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.
2. We examine the judgment on the grounds of appeal, and considering the fact that the so-called Bosing telephone financial fraud crime, as the court below explained in the grounds of sentencing, is highly serious harm to society, and the nature of the crime is very poor in that it is a crime committed in a systematic and planned manner. In the case of Defendant A, it is inevitable to sentence the Defendants to commit the crime of this case without being familiar with the repeated offense period due to the crime of this species.
However, when the defendants were in the trial for the first time, they have committed the crimes of this case, and in particular, Defendant B did not have been punished against the above victims by mutual agreement with the victims. However, Defendant A also agreed in the trial for the first time with the victims D, and taking into account all the sentencing conditions specified in the records and arguments of this case, including the period of participation in the crime and the role and degree of participation in the crime organization, and other factors such as the age, character and conduct of the defendants, family environment, motive, means and consequence of the crime, the circumstances after the crime, etc.
It is recognized that it is too unreasonable rather than that.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the following decision is rendered after pleading. However, as long as the defendants accepted an appeal and reversed the judgment below, the prosecutor'
In other words,