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All appeals by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) The sentence of the first instance judgment (a year and six months of imprisonment, confiscation, and collection) against an unfair defendant in sentencing is too unreasonable.
2) It is improper to order the Defendant, who is merely a mere mere person involved in the commission of the commission of the commission of the commission of the criminal act, to compensate for the total amount of KRW 10,00,000.
(b) The sentence of the first instance judgment against the defendant by the Prosecutor is too unhued and unreasonable;
2. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on each of the unfair arguments of sentencing by Defendant and the prosecutor, and where the sentencing by the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the crime of Bohishing is a systematic planned criminal against many unspecified persons, and as multiple victims are blishing, the harm and injury to individuals and society is very serious.
In addition, in light of the structure of the Singing organization and the process of committing the crime, even though the degree of intentional participation is not severe, it is inevitable to strictly punish the so-called “collection” and “delivery”, which implement the final crime and the delivery of the amount of damage, and the stage of concealment.
provided, however, that the defendant was in the position of leading the singishing crime
In addition, it is difficult to see it as well, and the purport of his mistake is expressed.
In addition, due to the financial circumstances of the defendant's difficulty, the defendant was involved in the licensing crime.
There is no room to see.
The court of the first instance appears to have determined the punishment in consideration of all the circumstances favorable to the defendant, including the above mentioned circumstances, and there is no change in the sentencing conditions compared to the first instance court because new sentencing materials have not been submitted in the trial.
In addition, the defendant's age, sex, environment, and motive, background, and means of committing the crime.