beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The crime of this case by the judgment of the court below was committed by the defendant while serving as the responsibility for the remittance of the staff of Bosing phishing, and was committed by the attempted attempted to defrauding KRW 47.5 million from the victims and defrauding KRW 20 million from the victims. In light of the content of the crime and the amount of defraudation, the criminal liability is grave, and the defendant did not make any effort to recover the victims' damage, and the circumstances unfavorable to the defendant are recognized.
However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant made a confession of the crime of this case and reflects the mistake in depth, that the profit gained by the defendant from the crime of this case is not significant, and that it is difficult to deem that the defendant has no possibility of future opening in the age of green age.
On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the court's punishment against the defendant is too unfavorable or too unreasonable, taking into account all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, and environment, etc.
3. As such, the appeal 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.