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Defendant
All appeals filed by BA and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court’s sentence against Defendant BA (two years of suspended sentence in six months of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendants by the prosecutor is too unhued and unreasonable.
2. The judgment of the Defendants led to the confession and reflect of each of the crimes of this case, the Defendants appears to have participated in each of the crimes of this case under the direction of the Z, Defendant BA does not want the punishment of Defendant BA by mutual consent with the victim BJ, and the Defendants did not have any criminal record.
On the other hand, each of the crimes of this case was committed by the Defendants by transferring and taking over passbooks and cash cards in the name of Defendant BB, a medium access to electronic financial transactions, and by transferring the passbooks and cash cards to the Bosing organization to facilitate the fraud by using computers, etc. against the victim BJ by the Bosing organization. In light of the details and motive of the crime, the method of the crime, the details of the crime, and the circumstances after the crime, etc., the crime is not easy; the Defendants, despite being aware of the risks of the crime of Bosing, are unlikely to criticize each of the crimes of this case without disregarding them; and Defendant BA had a large number of records of juvenile protective disposition against the Defendant.
When comprehensively taking into account such circumstances and all other factors of sentencing as stipulated in Article 51 of the Criminal Act, the sentence imposed by the lower court against Defendant B is too heavy or unhued so that it does not seem to have exceeded the discretion of sentencing. The sentence imposed by the lower court against Defendant BB is too unfluent and so does not seem to have exceeded the discretion of sentencing.
3. In conclusion, the appeal by the defendant BA and the prosecutor is groundless, and thus, Article 364 (4) of the Criminal Procedure Act is applicable.