사기
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The circumstances favorable to the defendant include the fact that all of the judgment of the crime is recognized and against the nature of the crime, the first offender, and the fact that the young children should be raised.
However, the defendant consumed the total amount of KRW 136,00,000 from the victims by deceiving them in order to use them as living expenses. The defendant is disadvantageous to the defendant, such as that the criminal liability is not less and less, that the damage has not been recovered, and that the victims want to punish the defendant.
On the other hand, if there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
Therefore, in full view of all the sentencing conditions of the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and all the sentencing conditions in the records and theories of the case mentioned above, including the defendant's age, sexual conduct, health, environment, motive and circumstance of the crime, the method and consequence of the crime, the circumstance after the crime, etc., the sentence imposed by the court below is too heavy or it cannot be deemed unfair, and thus, the defendant and the prosecutor's improper assertion of sentencing are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.