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The judgment below
The remainder, other than the part concerning the application for compensation order, shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
Reasons
1. Summary of grounds for appeal;
A. In light of the various circumstances of this case, the punishment sentenced by the court below to the defendant (a punishment of one year of imprisonment and confiscation of seized evidence 1 to 3) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination is based on favorable circumstances, such as the Defendant’s acknowledgement of the instant crime and reflects his mistake, the Defendant’s primary offender, and the Defendant’s age that has not yet been experienced in society.
However, the crime related to Bosing is an organized and intelligent crime that is committed closely against many and unspecified persons, and the social harm is so high that the damage caused by such a crime is extremely poor, and the damage therefrom is spreading, and has structural characteristics that are not easy to recover the damage, and thus, it is necessary to strictly punish the crime. It is also highly likely that the defendant took part in the crime of this case by recognizing that his act is related to Bosinging and taking charge of the so-called "passing". Furthermore, it is highly probable that the defendant took part in the crime of this case by forging and using the false document called "civil petition tracking financial account" in the name of the Chairperson of the Financial Services Commission. Furthermore, the degree of the defendant's participation in the crime of this case is considerable; the sum of the three victims obtained from the victims of the crime of this case does not exceed KRW 52 million; the victims' damage has not been recovered; and the punishment level and equity of the same kind of crime should be considered.
In full view of the above circumstances favorable or unfavorable to the defendant, and the age, character and conduct, environment, and circumstances after the crime, etc. of the defendant as shown in the records and arguments, the sentence imposed by the court below is too excessive.