사기
Defendant
All appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal (unfair punishment) added a mistake of facts as to the facts constituting the crime of Paragraph 2 of the judgment below to the court of appeal. However, this cannot be a legitimate ground for appeal since it is asserted after the deadline for submitting the grounds for appeal expires, and there is no ground for reversal ex officio. Thus, the above argument by the defendant is without merit.
The defendant asserts that the sentence of the court below (three months of imprisonment) is too small, and the prosecutor is too unhued and unreasonable.
2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is modified.
3. As such, the appeal 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.