업무방해등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.
2. The Defendant agreed with the victims of the instant crime No. 1 in the judgment of the court below, and the victims do not want to punish the Defendant.
In addition, Article 2 of the judgment of the court below is a crime of fraud established on August 8, 2014 and a single concurrent crime after Article 37 of the Criminal Act, and the equality in the case where the judgment was rendered at the same time should be considered.
On the other hand, the defendant has been punished several times for the same crime, and committed the fraud of this case during the period of repeated crime and suspended execution.
In particular, the Defendant did not recover from the damage even though the amount of damage was much by deceiving 10 million won from the damaged person.
In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, 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 only within the reasonable scope of discretion and is too heavy or light.
It is difficult to see it.
Therefore, we cannot accept all the defendant and prosecutor's argument.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.