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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for up to two years, and community service for up to 80 hours) that the court below made is too heavy (the defendant) or unhulled (the prosecutor).
2. We also examine the grounds for appeal by the Defendant and the Prosecutor.
The fact that the defendant has been recognized as committing the crime in the first instance, and that the defendant was punished twice for the violation of the Road Traffic Act in 2001 prior to the crime in this case, and that it is the first offender who has no particular criminal history after being punished for the violation of the Road Traffic Act in 2001, the defendant seems to be the most likely to support his spouse with his children in the second and fourth years of high school, 9.3 million won out of the amount obtained through the Bophishing crime is recovered, and the actual damage amount is not larger than 6,00,000 won.
On the other hand, each of the instant crimes is related to Bosing, which is committed in a systematic and planned manner against many unspecified victims, and the nature of the crime is very poor, and the social harm of the crime is very high to the lower participants, such as collection and delivery measures, and the fact that it seems that the victim was not able to take advantage of it is unfavorable.
In full view of the aforementioned various circumstances and other conditions of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s punishment was too heavy or unhued and exceeded the scope of discretion.
Therefore, each of the defendant and prosecutor's arguments is rejected.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.