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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The defendant asserts that the defendant's punishment (one-year imprisonment) of the judgment of the court below against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.
2. As seen in the instant case, the instant Bosing crime, like the instant case, was committed on a planned and organized basis for many and unspecified persons, causing serious damage to the victims, as well as the social harm thereof, is highly likely to be strict, and the Defendant did not agree with the victim and did not endeavor to recover damage, and the amount of damage is considerable amount of KRW 79 million is a reason for sentencing disadvantageous to the victim. The Defendant led to the confession of the instant crime and reflect in depth, and the Defendant did not have any record of criminal punishment other than the fine of four times prior to 1998.
In full view of the above factors of sentencing comprehensively considering the Defendant’s age, family relation, place of crime, background and motive leading up to the commission of crime, and all other factors pertaining to the sentencing indicated in the records and arguments of this case, the sentence of the lower judgment is deemed to be appropriate, and thus, the argument of the Defendant and the prosecutor’s improper sentencing is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition (Article 152-2(1)2 of the Special Act on the Prevention of Fraud and Refund of Damage Caused by Telecommunications Finance, Etc.). However, in the relevant criminal facts of the judgment below, the "Article 152-2(1)2 of the Special Act on the Prevention of Fraud and Refund of Damage Caused by Telecommunications Finance," is obvious that it is a clerical error in the "Article 15-2(1)2 of the Special Act on the Prevention of Fraud and Refund of Damage Caused by Telecommunications and Telecommunications," and thus