사기
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. The Defendant (unfair sentencing)’s punishment of the lower court (two years and six months of imprisonment) is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. The fact that the Defendant recognized each of the crimes of this case and reflected his mistake, the Defendant did not have any record of punishment in Korea until before each of the crimes of this case, and the Defendant should take into account the equity between the final judgment of the first head of the original crime of the lower court and the final judgment of the Defendant.
On the other hand, each of the instant crimes committed by the Defendant is that the Defendant served as a member of the criminal organization that caused a serious mental or economic injury to an unspecified number of unspecified victims, and that the Defendant’s liability is less than that of the crime.
It is not possible to see that there is no agreement with the victims, that the defendant did not reach an agreement, and that the damage was not recovered, etc. are disadvantageous to the defendant.
Considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is deemed appropriate as a punishment within the scope of the discretion of sentencing.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, 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. It is so decided as per Disposition.