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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.
2. The crime of Bophishing fraud consists of a wide range of people's lives under a thorough plan, and is intelligent and multi-nationalized.
It is relatively high that it is necessary to achieve the general preventive effect of punishment with strict punishment for the crime of Bosing which has a great harmful impact on society.
In order to commit the instant crime, the Defendant was incorporated into China for himself and performed the role of counselor when clearly aware that he was committing the instant crime.
In full view of these circumstances and the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and conduct, environment, criminal records, motive for committing the crime, amount of damage, and circumstances after committing the crime, the sentence imposed by the court below is deemed unfair even if it is considered in favor of the Defendant’s cooperation in the investigation by clarifying the identity of the accomplice after arrest.
3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act.
(3) Article 369 of the Criminal Procedure Act provides that “If an appeal by a prosecutor is accepted and the judgment of the court below is reversed, the appeal by a defendant shall not be dismissed separately.” (Reasons for multi-use judgment) Criminal facts and summary of evidence are identical to facts constituting an offense and summary of evidence recognized by the court and summary of evidence, it shall be cited as it is in
Application of Statutes
1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;
1. The aggravated Criminal Act for concurrent crimes.