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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s original judgment (two years of imprisonment for Defendant A, and one year and six months of imprisonment for Defendant B) is too unhued and unreasonable.
B. The punishment of the lower judgment by Defendant A is too unreasonable.
2. We examine the above arguments of Defendant A and the Prosecutor.
Since the crime of Bosing is highly harmful to society, it is necessary to strictly punish all the participating accomplices. Defendant A kept two essential means of access and delivered three means of access to the crime of Bosing. Defendant B had the custody of 11 means of access, Defendants actively participated in the crime of Bosing fraud as the role of withdrawal measures and remittance measures. Defendant A, instead of the aforementioned, did not intrude into the telecoms where the victim Y had withdrawn KRW 7.8 million and infringed on the telecoms where the victim Y was in custody, and the victim’s damage has not been recovered, etc. are the grounds for sentencing disadvantageous to the Defendants.
On the other hand, the defendants led to the confession of crimes and reflect their depth, and the period during which the defendants participated in the crimes does not extend, and the defendants seems to have no profit from each of the crimes of this case, etc. are the grounds for sentencing favorable to the defendants.
In full view of the aforementioned sentencing factors, the Defendants’ age, career, character and conduct, environment, motive, means, and consequence of the crime, etc., the sentence of the lower judgment cannot be deemed too heavy or unreasonable as it is deemed that the sentence of the lower judgment is too heavy or unreasonable.
Therefore, the defendant A and the prosecutor's argument are without merit.
3. As such, the appeal by the defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.