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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The defendant asserts that with respect to the punishment (three years of imprisonment) declared by the court below, the defendant is too unfasible, and the prosecutor is too unfased and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant, as a phishing liability for the criminal organization of the criminal organization of the criminal organization of the criminal organization of the criminal organization of the Republic of China, by deceiving and threatening 161 victims by deceiving 16,353,435 won in total.
Although the crime of Bosing is an unspecified number of victims, it is not easy to arrest the criminal because it is an organization that has a huge adverse impact on society, and it is also necessary to strictly punish the criminal in light of the degree of participation in the crime of Bosing as it is the core in the crime of Bosing.
Defendant
In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.
In addition, when comprehensively considering the fact that the defendant voluntarily surrenders, the balance of sentencing with the accomplices, the relationship of previous convictions (two times a fine for the same kind, two times a fine for the same kind of fine), family relationship, and the scope of the recommended punishment according to the sentencing guidelines, the punishment sentenced by the court below cannot be deemed as being too appropriate and 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.