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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. On the summary of the grounds for appeal, the court below's punishment against the defendant (one year of imprisonment) asserts that the defendant's punishment is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.
2. The so-called Bosing crime, such as the instant case, is a crime in which many and unspecified victims were enticed in a systematic and professional manner by sharing their roles, and there is a significant harm to the victims and society, and the Defendant took part in the criminal criminal act for the purpose of easily punishing money, without any particular crime, was involved in the criminal act for the purpose of raising money, and the amount intended to obtain money is not less than 32.8 million won, and the Defendant was kidnapped by a baby.
The fact that the person is in charge of directly receiving the deceptive money from the victim of intimidation and delivering it to another trillion staff and the degree of his/her participation is very important is that it is disadvantageous to the defendant.
On the other hand, the fact that the defendant led to the crime of this case and reflects his mistake, that the defendant did not directly take charge of deception against the victim, that the crime of this case was committed in the attempted crime, and that there was no actual damage, and that there was no record of the same crime in Korea, etc. are favorable to the defendant.
In addition, comprehensively taking into account the Defendant’s age, sexual conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too heavy or too low and thus cannot be deemed unfair. Therefore, each of the Defendant and the Prosecutor’s arguments in sentencing are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.