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All appeals filed by the defendant and prosecutor are dismissed.
An applicant for compensation shall be dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of one year and eight months sentenced by the court below is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. As to the assertion of unfair sentencing by the Defendant and the prosecutor together with regard to each of the allegation of unfair sentencing by the Defendant and the prosecutor, there is a favorable circumstance that the Defendant recognized all the facts charged in the instant case as well as reflects his mistake, the Defendant appears not to have been involved in the criminal act with a conclusive intent, and the method of the scaming crime is more fast and the damage is growing, and there is a need to strictly punish the persons who participated in the criminal act. The Defendant, taking part in the scaming crime on several occasions, acquired money exceeding KRW 90 million in total, and acquired economic benefits in return for the participation in the criminal act. The Defendant did not receive money from the victims, two times a suspended sentence of imprisonment for the same crime, two times a suspended sentence of imprisonment for the same crime, and there was a history of punishment for the violation of the Electronic Financial Transactions Act, and other unfavorable circumstances such as the Defendant’s age, character and behavior, environment, family relationship, etc., the Defendant and the prosecutor’s assertion that the Defendant and the prosecutor are not justified.
3. The aggrieved person who judged on an application for compensation may apply for a compensation order not later than the closure of pleadings at the court of first instance or the court of second instance;
(Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. However, H, an applicant for compensation of the trial, filed an application for compensation on December 4, 2020, after November 12, 2020, which was the date of the closing of argument in the trial. The above application for compensation is unlawful.
4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. The appeal is dismissed.