사기
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (a fine of five million won) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.
In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.
In addition, even in full view of the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentencing is too heavy or it does not seem to have exceeded the reasonable scope of discretion.
The defendant and prosecutor's assertion of unreasonable sentencing are without merit.
3. 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.