사기방조등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the nature of the crime in light of the role and degree of involvement of the Defendant in the organization of the instant Bosing criminal act was not completely recovered, and that the need for strict punishment for the crime of Bosing was considered, the lower court’s punishment (six months of imprisonment) is too uneasable.
2. We examine the judgment, the circumstances alleged by the prosecutor in the grounds of appeal are deemed to have been sufficiently taken into account when determining the punishment at the court below. The defendant committed the crime of this case while recognizing the facts of this case, and his mistake is divided in depth, which seems to be relatively minor. The economic benefits gained through the crime of this case seems to be relatively minor. This case is a concurrent crime with the crime of violating the Electronic Financial Transactions Act which became final and conclusive in the judgment of the court below and the crime of this case should be considered at the same time in relation to the concurrent crimes after Article 37 of the Criminal Act. In addition, considering all kinds of sentencing factors in this case, such as the defendant's age, sexual conduct, environment, circumstances, means and consequence of the crime, etc., the sentencing judgment of the court below exceeded the reasonable scope of discretion, because it is too uneasible.
shall not be appointed by a person.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.