사기등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal is too heavy or unreasonable for the sentence imposed by the court below on the defendant (six months of imprisonment).
2. We also examine the grounds for appeal by the Defendant and the Prosecutor.
In full view of all the circumstances that form the conditions of the pleadings and the records of the instant case including the Defendant’s character, environment, relationship with victims, motive and means of the instant crime, result, and circumstances after the commission of the lower judgment, etc., the lower court’s judgment is reasonable in light of the following: (a) although there are favorable circumstances, such as the Defendant’s recognition of each of the instant offenses; (b) the Defendant paid KRW 10 million to the victim of the instant crime; (c) the Defendant agreed to pay the Defendant a full amount of KRW 10 million to the Defendant; (d) each of the instant offenses was committed by the Defendant under the influence of alcohol; (e) three times the Defendant had been punished for the same offense; (e) the Defendant did not have been aware of the fact that the Defendant was committed during the period of repeated offense due to the fraud; (e) there was no agreement with the victim of the instant offense; and (e) there was no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment.
Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.