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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the lower judgment (two years and six months of imprisonment) is too unreasonable.
B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of Bosing requires a strict punishment for all of the accomplices who participated in the crime because of high social harm. The crime of this case is a reason unfavorable to the defendant, such as the following: (a) the defendant's phone number was changed to the phone number which was suffering from the phone from a foreign country, thereby facilitating the crime of Bosing; (b) the degree of participation of the defendant was large; (c) the amount of damage suffered by the victims due to the crime of this case reaches KRW 16.7 million in total; and (d) the victims' damage was not recovered entirely; (e) the profits acquired by the defendant from the crime of this case reaches KRW 7 million; and (e) the fact that the defendant committed the crime of violating the Telecommunications Business Act for about 45 days.
On the other hand, there is a reason for sentencing favorable to the defendant, such as the fact that the defendant has led to a crime, has no record of punishment for the defendant in Korea, there is a family member in need of support for the defendant, and economic difficulties seems to have been the motive for the crime.
In full view of the aforementioned sentencing factors, the Defendant’s age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed as excessive or unreasonable as it is too heavy.
Therefore, the defendant and prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.