상해등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too heavy or unreasonable;
2. We examine the reasoning of the judgment and the prosecutor together.
There are favorable circumstances, such as the fact that the defendant seems to recognize and reflect his mistake, that the defendant agrees with the victim of the crime of injury, that part of the amount of damage has been discharged by the victim of the crime of fraud, and that the defendant needs to consider equity with the case where he was judged together with the fraud in which the judgment has already become final and conclusive.
On the other hand, even though the amount of damage caused by fraud is not significant, the defendant was sufficiently given an opportunity for agreement at the court below and the court below, but failed to recover the damage to the victim of the fraud, and the defendant has been punished several times for the same kind of crime, and there are unfavorable circumstances such as the crime of this case during the period of repeated crime of the same crime and the period of suspended execution.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and all of the sentencing factors revealed in the trial process, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.
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. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the term “proviso to Article 42” is deleted