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The part of the judgment of the court of first instance and the judgment of the court of second instance, excluding the compensation order, shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the first original judgment against the defendant A is too unreasonable. It is unfair that the punishment of imprisonment with prison labor (8 months) is too unreasonable.
B. The punishment of the first and second judgment against the above defendant B (the first judgment: imprisonment with prison labor for 10 months and 2 months: imprisonment with prison labor for 4 months) is too unreasonable.
(c)
It is unfair that the first decision-making sentence against the prosecutor's defendants is too unhued and unfair.
2. As to Defendant B’s judgment ex officio, the first and second judgments of the court below were rendered, and the above Defendant filed an appeal against them, and this court decided to hold a joint hearing of the above two appeals. Each of the crimes against the above Defendant in the first and second rulings of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act, in accordance with Article 38(1) of the Criminal Act.
3. We examine the Defendant A and the Prosecutor’s argument that the sentencing of the Defendant A and the Prosecutor was unfair.
Although the above defendant appears to have recovered from the victims, there are circumstances such as the victim G expressed his intention not to punish the above defendant at the court below, and that the above defendant had no record of criminal punishment prior to criminal punishment, the crime of this case is a so-called " Bosishing" crime that takes money from many unspecified victims in a systematic and professional manner after sharing the role of multiple persons according to a thorough plan. In the case of the crime of Bosishing, there is a need to strictly punish the subordinate officers' participation in the crime as well as the total liability, and therefore, there is a need to strictly punish the subordinate officers' participation in the crime. The above defendant played a role of several times in recognizing the illegality of his own act, and in particular, the defendant received the money by notifying the victims of false facts that he had captured their children.