방문판매등에관한법률위반
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment, two years of suspended execution, and 240 hours of community service) is too heavy or too unfasible to the Defendant.
2. We also examine the argument of unfair sentencing by the Defendant and the prosecutor.
On the other hand, the act of making a monetary transaction using a multi-level organization as in the instant case requires unfavorable circumstances such as disturbing a sound economic order and causing a large number of victims, and the amount of damage to the instant crime is not large, and the victims want to be punished by the Defendant.
On the other hand, there are favorable circumstances such as the defendant's recognition of the crime of this case and reflection thereof, the fact that there is no record of punishment for the same kind of crime, and the fact that the defendant is old and is not good in the state of health.
In full view of the various sentencing conditions indicated in the instant case, including the above circumstances, such as character, conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, the lower court’s sentence is deemed appropriate within the scope of discretion.
Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.
3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.