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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (the 2-year suspended sentence, the observation of protection, and the 160-hour community service order for each of the Defendants) of the lower court’s sentence (the 8-month prison labor for each of the Defendants) is unreasonable as it too un
2. The Defendants served as a role of providing an account to be used for the crimes of Bosing for economic purposes and withdrawing money transferred to the public. The crime of Bosing consists of organized plans against many unspecified victims, and not only causing serious damage to the majority of unspecified victims but also causing significant social harm and injury because it is not easy to recover damage.
However, the degree of the Defendants' participation is limited to aiding and abetting, and about 5 million won is kept or transferred, and the amount of damage is not so large, and the amount of damage was deposited with the money except the amount seized among the amount of damage, thereby recovering part of the damage.
In addition, Defendant A has no record of crime except for those subject to juvenile protective disposition and suspension of indictment due to special larceny, etc., and Defendant B is only a record of having received juvenile protective disposition, etc. several times due to special larceny, etc. and having been punished by a fine of one million won due to an unlicensed driving.
In addition, considering the various circumstances that form the conditions for sentencing, such as the age, sex, environment, motive, method, and consequence, etc. of the Defendants as shown in records and pleadings, the lower court’s punishment is within the scope of reasonable discretion, and it is not recognized that it has reached the degree of undueness because it is too unfasible.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.