사기
All appeals filed by prosecutors and defendants are dismissed.
1. The gist of the grounds for appeal asserts that the prosecutor too unfasible and unfair with regard to the punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of social service) declared by the court below, and that the defendant is too unreasonable.
2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.
In full view of the following circumstances: (a) the Defendant is led to confession and is against the nature of the instant crime; (b) the nature of the instant crime is not good; (c) the instant crime is concurrent crimes with the crime established in 2013 and the latter part of Article 37 of the Criminal Act; and (d) the Defendant’s age, character and conduct; (b) the motive, means and consequence of the instant crime; and (c) other circumstances that are conditions for sentencing, such as the circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be excessively weak or unreasonable.
3. If so, the appeal by the prosecutor and the defendant 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.