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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The judgment of the court below is reasonable in light of the following: (a) the Defendant led to confession of and reflect against the instant crime; (b) on November 5, 2015, the Changwon District Court sentenced ten months to imprisonment with prison labor for night structure intrusion larceny; and (c) should consider equity with the case where the Defendant received the judgment simultaneously with the crime finalized on November 13, 2015; (d) the Defendant did not have any record of being punished for the crime related to “Spoling” or “Spoishing” as the instant crime; and (e) the number of “Spoling passbook” which was transferred or acquired by the instant crime is not large; and (e) the amount of benefits that the Defendant acquired by committing the instant crime would not be significant; and (e) the Defendant deposited the amount corresponding to the amount of damage inflicted on all victims of the instant crime among the instant crimes.
On the other hand, the crime related to the "Spoot passbook" is often used for the "Spoishing", and there is a need to strictly punish it, and the defendant not only recruited the "Spoot passbook" but also committed the "Spoishing" directly by the defendant and committed the "Spoishing" crime, and its nature is very poor.
In full view of the above circumstances and the Defendant’s age, sex, family environment, motive and circumstance of the crime, the means and consequence of the crime, and other various circumstances, etc., the sentence imposed by the lower court is too heavy or less severe, in full view of the punishment imposed by the lower court.
shall not be deemed to exist.
3. In conclusion, the appeal filed by the defendant and the prosecutor 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.