절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and four months.
Seized Nos. 1 to 8 shall be confiscated.
The period for filing an appeal for ex officio determination on the defendant's appeal is seven days from the date the judgment of the court below is pronounced.
(Article 358 of the Criminal Procedure Act). According to the records of this case, the defendant submitted a petition of appeal to the head of Seoul Southern District Detention Center on May 20, 2020, after seven days from the judgment of the court below was rendered on May 8, 2020.
The defendant's appeal is unlawful because it is filed after the lapse of the appeal period, and it is obvious that the right to appeal expires, and even if examining the judgment of the court below, the reason for ex officio investigation cannot be found.
The defendant's appeal shall be dismissed by decision in accordance with Articles 362 (1) and 360 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled on the appeal, the defendant's appeal shall be dismissed by decision as ordered in package.
The sentence (two years of imprisonment) imposed by the court below on the summary of the grounds of appeal concerning the prosecutor's appeal is too unfasible.
Judgment
All of the crimes of this case are recognized by the defendant, and there is no record of criminal punishment in Korea, etc. are favorable to the defendant.
However, as in the instant case, the crime of Bosing, like the instant case, is a crime of deceiving many unspecified victims in a systematic and planned manner, and the nature of the crime is very poor and the harm inflicted on the victims and society is very serious. Therefore, it is necessary to punish the victims and society. The Defendant actively participated in the crime of Bosing, such as intrusion upon the victim’s house and receiving cash, and talked with it. The Defendant was subject to the disposition of expulsion from the domestic university where he was present, and returned to China, and then returned to the China, wanting to work in Seoul at the Internet site. Since then, the Defendant repeatedly committed the instant crime by entering the country as a tourist visa, and the amount of damage caused by the instant crime reaches KRW 84 million.