Judgment

The fact that the defendant recognized the crime of this case and reflects it, the first offender, and some victims seems to have reached an agreement, are favorable circumstances.

However, the crime of Bophishing is a major crime of the economically and socially weak, and the victims are more difficult to suffer more difficult circumstances by using the poor location, and serious damage to the trust of the state agencies, financial institutions, etc. of the general society as well as the victims, and the social harm caused by such crime is very serious, and the public relations of the media and the intensive control and punishment of the judicial agencies are not eradicated, and it is more intelligent and more frequent, and the necessity of punishment is very high, and the damage is more severe, and the degree of participation in the crime is insignificant. The defendant is a responsibility for the head of the Tong, who calls directly to many unspecified victims in China, assumes the role of directly deceiving them, and directly deceiving them.

The fact that it cannot be seen is an unfavorable circumstance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy or is deemed unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.