Text
The defendant's appeal is dismissed.
Reasons
1. The sentence (one year and two months, and confiscation) pronounced by the court below on the gist of the grounds of appeal is too unreasonable.
2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected in all of the crimes of this case, and that family ties relationship is clear, such as the fact that the court below agreed to repay the victims' damages and agreed to cooperate in the investigation, and the family members want to take the preference.
However, considering the circumstances unfavorable to the defendant, it is inevitable to sentence the defendant, considering the fact that the crime of Bosing consists of organized crimes, causing serious damage to many victims, making it difficult to recover damage, and thus, requires strict punishment as it is highly harmful to society, and that the amount of damage ( approximately KRW 14.6 million) caused by the criminal defendant's fraudulent conduct was not much significant, and there was a large number of means of access (section 11) which were kept.
In full view of the above normal relationship and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion.
In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the
Therefore, the defendant's assertion of unfair sentencing is not accepted.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.