The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

1. The decision of the court below on the gist of the grounds for appeal (five years of imprisonment) is too unreasonable.

2. The Defendant took part in the crime of Bosing, which was organized in the Philippines, and the nature of the crime is not good and the number of victims or the amount of damage caused by the instant crime is very large.

However, in full view of the following circumstances: (a) the Defendant was an initial offender without any previous conviction; (b) equity in sentencing with the accomplices who participated in the commission of the Defendant as a means of inducing the criminal act of Bosing; and (c) other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) circumstances after the crime, the lower court’s punishment seems to be unreasonable.

3. If so, the defendant's appeal is reasonable. Thus, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the defendant's case among the judgment below is reversed and it is decided again as follows.

In other words, the facts constituting a crime and the summary of the evidence recognized by the court as stated in the reasoning of the judgment below are the same as stated in each corresponding column of the reasoning of the judgment below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent offenders, the punishment as ordered shall be determined by taking into account the various circumstances examined prior to the reasons for sentencing under the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act; and