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All the judgment below is reversed.
Defendant
A, B, and C shall be punished by imprisonment with prison labor for one year, and by imprisonment with prison labor for eight months.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower court (one and half years of imprisonment for each of the defendants A, B, and C, and ten months of imprisonment for each of the defendants D) is deemed too unfasible and unfair.
B. The above punishment of the court below is too unreasonable.
2. We examine the judgment on the grounds of appeal. As the court below explained in an unfavorable circumstance against the Defendants, the crime of Bosing was committed on a systematic and planned basis against many unspecified victims, and there is a need for strict punishment. However, considering the fact that the degree of the Defendants’ participation in the crime cannot be deemed minor in light of the role performed by the organizations of Bosing crimes, it is necessary to punish the Defendants corresponding to their responsibility.
However, there is no same criminal history against the Defendants, as well as Defendant D is a first offender who has no criminal history at all, and Defendant D is a first offender who has no criminal history; all the facts of the crimes of this case are committed by the Defendants, and the Defendants are in violation of their depth; the period of the Defendants’ participation in the crimes of this case is not long; Defendant D has been under the mutual consent between the victims and the victims, and the victims are not subject to the punishment of the above Defendant at the court below; Defendant A, B, and C have agreed to pay part of the amount of damage to the victim K when the case was brought in the trial, and the above victims are not subject to punishment against Defendant A, B, and C, and all of the sentencing conditions indicated in the arguments of this case, such as the age, character, conduct, environment, motive, means, consequences, results, and the circumstances after the crime, etc. of the Defendants, the punishment against the Defendants shall be mitigated.
It is unfair that it is too unreasonable rather than that.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit.