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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it in the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, under favorable circumstances, determined a punishment by taking account of the following: (a) the Defendant appears to have committed all crimes; (b) the first offender was the basis of other serious crimes, such as the crime of Bophishing; (c) the Defendant was arrested for the same kind of crime; and (d) the Defendant took part in the crime by solicitation of the same instructions even though he had the record of being released; and (d) the Defendant was deemed to have carried out the role of withdrawing and remitting cash using some means of access which the number of means of access stored and transmitted by the Defendant is not a large number of means of access; and (e) the degree of the commission of the crime is not somewhat unfavorable.
Even if considering the Defendant’s assertion that the Defendant could not discontinue the crime by failing to intimidation, etc. of the person instructed to commit the crime, it does not appear that the Defendant would have been out of the reasonable scope of discretion because the Defendant’s punishment is too excessive, even if considering the fact that it would be used for scaming, etc., and the Defendant was 18 years old at the time of committing the crime.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.