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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. As to the decision of the court below on the summary of the reasons for appeal (two years of imprisonment with prison labor), the defendant asserts that the prosecutor is too unfasible and unfair.
2. In light of the fact that the harmful effects of the phishing crime committed in a systematic and planned manner are serious and need to be punished, the Defendant entered the Republic of Korea to commit the crime and received education on the crime at Malaysia, and the method of committing the crime, which directly enters the victim’s residence, is highly dangerous and the nature of the crime is poor, it is inevitable to punish the Defendant with severe penalty.
However, the lower court’s punishment is deemed appropriate in light of the following circumstances: (a) the Defendant’s reflects the nature of the offense; (b) there was no history of punishment in the Republic of Korea; and (c) the process of participating in the offense; and (d) other factors of sentencing specified in the instant records and pleadings, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, and circumstances after the commission of the offense; and (b) the lower court’s punishment is too heavy or unreasonable.
3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.