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All appeals filed by the Defendants and the Prosecutor are dismissed.
Reasons
1. Improper sentencing for each of the reasons for appeal;
2. The fact that the Defendants recognized the crime and reflected the mistake, Defendant A did not have any record of punishment in addition to the previous criminal records of fines for three times, Defendant B was the primary offender, and the fact that the Defendants voluntarily surrendered to the investigative agency after committing the crime is favorable.
On the other hand, the crime of this case is an organized and planned crime that seriously undermines the transparency, reliability, and efficiency of the financial market, and thus requires strict punishment, the size of the transaction, the period of the crime exceeds one year, and the profits from the crime also exceed one year, and the defendant A was unable to comply with the police's request for attendance, and the defendant B voluntarily surrendered after the investigation of the accomplice was conducted.
In the trial, the above sentencing conditions have been changed.
There is no circumstance to see the degree of the Defendants’ participation in the crime and equity with other accomplices, and taking into account various factors of sentencing as shown in the records and arguments in the instant case, such as the Defendants’ age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s punishment against the Defendants (a suspended sentence of two years in imprisonment with labor for one year, a suspended sentence of two years in collection, and a suspended sentence of two years in imprisonment with labor for two years and additional collection in August) is reasonable.
The Defendants and prosecutor’s arguments are without merit.
3. In conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the prosecutor is without merit. It is so decided as per Disposition.