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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. We examine the arguments of the Defendant and the Prosecutor.
The conditions favorable to the defendant shall be as follows:
The Defendant recognized all of the crimes of this case and reflected the mistake.
It seems that the amount of damage suffered by the defendant directly participating in the crime of this case is not significant, and the actual profit gained by the defendant of this case is not significant.
Defendant has no specific criminal power except for the past record of fines for different types of crimes.
The circumstances unfavorable to the defendant are as follows:
In a systematic and planned crime of this case, the Defendant took part in the traffic posters (the role of promoting the site, inducing the victims who reported and contacted the site, inducing them to deposit) and then delivered allowances to traffic posters according to the direction of J and I, and purchased a substitute passbook. The degree of participation in the crime is not easy.
The defendant did not take measures to recover damage until the trial of the court.
In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and equity in sentencing with accomplices, the lower court’s sentencing is too heavy or unreasonable.
The grounds of appeal by the defendant and prosecutor that the sentencing of the court below is unfair are all unacceptable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.