Text
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The part accepting an application for remedy order by the court below regarding the scope of the trial in this court and the part accepting an application for remedy order by the court below pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit was judged as a conviction by the defendant filing an appeal pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, but the court below's decision as to this part of the appeal and the reasoning of appeal submitted by
2. The summary of the grounds for appeal (unfair sentencing) is that the lower court’s sentencing (two years of imprisonment) is too unreasonable.
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3. The judgment of the defendant plays a role in delivering cash directly from the victims of the so-called Bosing and Mesing or delivering the amount of damage deposited into the defendant's account to the mediation staff. The degree of participation in each of the crimes of this case is less than that of the defendant.
subsection (b) of this section.
Until now, victims have not recovered from their damage and have not received a letter of compensation from the victims.
However, the defendant recognizes all of his mistakes from the court of original instance, and is against the law of original instance.
The Defendant was committed at a time similar to the instant crime and did not have any criminal record except the previous criminal records in the judgment that has a single concurrent relationship after Article 37 of the Criminal Act.
Unlike the amount of fraud, the actual profits acquired by the defendant through the crime of this case seems not to be significant.
When determining punishment for the crime of this case, equity shall be taken into account with the case where a judgment of one year and six months has become final and conclusive, concurrently with the case where a judgment is to be rendered.
In addition, considering the equity of both punishment and similar cases as shown in the pleadings of the instant case, such as the Defendant’s age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is too unreasonable.