Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. The sentence that the court below sentenced the Defendants (one and half years of imprisonment, four months of imprisonment, and two years of suspended execution) is deemed to be too unfortunate and unfair.

2. Determination

A. We also examine the Defendant A and the Prosecutor’s assertion of unfair sentencing on each of the grounds of unfair sentencing.

If there is no change in the conditions of sentencing compared with the original judgment, and the sentencing of the original judgment is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against Defendant A by comprehensively taking account of the favorable and unfavorable circumstances to Defendant A as stated in its reasoning.

Defendant

A The circumstances alleged as the grounds for appeal (i.e., confessions, and the absence of criminal records exceeding the same kind of power and fine) and the circumstances alleged by the prosecutor (serious national and social harm caused by the crime of Bophishing, etc.) are deemed to have already been considered in the sentencing process of the original instance.

Furthermore, there is no new change in circumstances that could change the original court's punishment in the trial.

Defendant

In full view of the following factors: (a) Defendant A’s character and conduct, family relationship, motive, means and consequence of the crime, and circumstances after the crime was committed; (b) the lower court’s sentence is too heavy or unreasonable beyond the reasonable scope of discretion; and (c) the Defendant’s family members want to take the Defendant’s wife; and (d) the amount of damage to each of the instant crimes is considerable and not good; and (e) the amount of damage to each of the instant crimes is not good.

Therefore, each of the defendant A and prosecutor's arguments is without merit.

B. Change in the conditions of sentencing compared with the lower court’s decision on the prosecutor’s allegation of unfair sentencing on Defendant B.