A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Judgment

The crime of Bophishing in this case requires strict punishment against social harm, and is a good crime due to planned and organized crimes.

The role of the counselor in charge of the defendants is an essential role in the crimes of Bosing.

However, the Defendants appeared to have an attitude to recognize and reflect the instant crime. The participation period is not longer than two months.

It was not prosecuted as a crime of fraud because the victim caused by the instant crime was not specified.

The circumstance that the Defendant appears to have participated in another Bosing organization before and after the instant crime is not appropriate to take into account the fact that the Defendant was indicted for the instant crime and was not punished.

Defendant is a criminal record of imprisonment and a suspended sentence of imprisonment, but is not a criminal record of the same kind.

In addition, considering all of the sentencing conditions, such as the defendant's age, character, conduct and environment, the punishment sentenced by the court below is too inappropriate.

Defendant’s assertion is with merit.

As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The main judgment of the court below is as follows.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 114 of the Criminal Act (including joining and activities for a criminal organization) and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;