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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (a prison term of eight months, confiscation) is too unreasonable.
B. The sentence imposed by the court below on the Defendants (each of eight months of imprisonment, confiscation) is too uneased and unreasonable.
2. We examine both Defendant A and the Prosecutor’s unfair argument in sentencing.
The court below committed the crime of this case by sharing the role of withdrawing the money by knowing the fact that the Defendants participated in the crime of Bosing. The court below committed the crime of this case by sharing the roles of multiple persons and planning to engage in organized and professionally, and by massing an unspecified number of victims, thereby causing great harm and injury to not only the victims but also their families and society, and the role of the withdrawal measures taken by the Defendants was an essential work required for Bosing, thereby contributing to the completion of the crime.
In light of the fact that it can be seen, the fact that the damage caused by the instant crime has not been recovered, etc., considering the circumstances unfavorable to the Defendants. Meanwhile, the Defendants recognized all the instant crime; the Defendants did not directly participate in the instant crime; the profits acquired by the instant crime were not significant; Defendant A did not have any other penal force except for the criminal records of a fine due to the instant crime in 1998; Defendant B did not have any other penal force except for the punishment of a fine of KRW 500,000 as a crime of fraud on September 27, 2000; and Defendant B issued a sentence lower than the lower limit of the recommended sentencing guidelines for the sentencing guidelines set by the Supreme Court sentencing committee for the Defendants, taking into account the circumstances favorable to the Defendants.
In light of the above circumstances, the lower court’s determination of sentencing is deemed to have been made within the reasonable scope of discretion, in full view of all the conditions of sentencing, including the Defendants’ age, sex, environment, motive, means, and consequence of the crime, and the circumstances after the crime.