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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the following: (a) the Defendant’s ambling and speculation with the Defendant; and (b) the degree of participation in the instant crime is minor.
B. In light of the harm, etc. of the prosecutor’s Bosing crime, the sentence of the lower court is too uneased and unreasonable.
2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.
It is recognized that the defendant was the first offender in Korea, and that the health condition is not good due to the bad sex of the laba, and that the defendant entered for the purpose of treatment of the laba and appears to have participated in the crime of this case for the purpose of punishing medical expenses.
However, the crime of this case is the delivery of the means of access used for the so-called Bosing, and the degree of defendant's participation in the crime of this case cannot be deemed to be minor.
The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.
In addition, the decision of the court to suspend the custody of the defendant seems to have completed the removal operation and primary radiation treatment of the sexual intercourse during the trial of this case.
In addition, there is no change in the circumstances that led to the Defendant in the instant case, including the background and motive leading up to the instant case, the circumstances after the commission of the crime, the age, character and conduct, and the environment of the Defendant, compared to the lower court. In full view of all the above circumstances, the lower court’s sentencing cannot be deemed to be too light or unreasonable because it goes beyond the reasonable scope of discretion.
3. Accordingly, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.