사기등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years of suspended execution, additional collection 18 million won in prison for six months) so far as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as the latter’s punishment is too unfeasible and unfair.
2. The fact that the judgment defendant does not have any history of punishment for the same crime, that the defendant agreed with the victim smoothly, that the defendant recognized his mistake and reflected against the defendant is favorable to the defendant.
On the other hand, the fact that the defendant deceivings the victim by impairing the social trust in the fairness of the execution of duties of public officials is disadvantageous to the defendant.
In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.