Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a prison term of three years and six months and confiscation) is too unreasonable.
2. The instant Bosing crime of this case is serious social harm.
Despite the fact that the majority of victims and the amount of damage was large, the damage was not recovered.
Therefore, the defendant requires strict punishment.
However, the defendant shows the attitude of reflecting all of his criminal acts.
Of the instant crimes, the crime of Bosing is an aiding and abetting offender.
In order to punish money, job offer advertisements were reported and contacted, which was involved in the crime of this case, and the principal offender did not know the details of the crime of this case and performed the direction.
Benefits acquired by the defendant are not significant.
There is no record of crimes except for fines imposed once by a fine in 2019.
The husband suffers from economic difficulties after her death and has children to be supported.
Considering these circumstances, the court below's punishment is considered to be unfair and unfair.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
【Grounds for another judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of
Application of Statutes
1. Article 347(1), Article 32(1) (a) of the Criminal Act, Article 352, Article 347(1), Article 32(1), Article 32(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 347(1) (a) of the Criminal Act, Article 32(2), the former part of Article 37, Article 55(1)3 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act, respectively, to mitigate the punishment for concurrent crimes under Article 32(2), Article 55(1)3 of the same Act, respectively, shall be confiscated for evidence seized (a mobile phone).