사기등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the punishment sentenced by the first instance court (unfair sentencing) on the summary of the grounds for appeal (Sentencing 4 months), the Defendant asserts that the above punishment is too unreasonable, and that the prosecutor is too unfeasible and unfair.
2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.
The crime of this case is an element of sentencing unfavorable to the defendant, such as: (a) the defendant is unable to keep out of contact with the victim for several years until the defendant is arrested by arrest warrant; (b) the victim’s damage from the crime of this case is not much specified; and (c) the defendant has already been punished by imprisonment with prison labor due to the same kind of fraud, etc.; and (d) the defendant has committed
However, considering the following circumstances, the Defendant’s mistake is divided, and the Defendant deposits in the victim’s future for the recovery of a small amount or damage, as well as other various circumstances, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, health condition, motive, means and consequence of the crime, and the circumstances after the crime, the punishment of the first instance court is not deemed to be too minor or unreasonable because it exceeds the scope of the sentencing discretion.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.
3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.