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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The conclusion that the Defendant recognized the instant crime and reflects the mistake, and that the instant crime is in the concurrent relationship between the crime of fraud, etc. for which the judgment became final and conclusive, and the latter part of Article 37 of the Criminal Act, and thus, should consider the equity with the case for which the judgment was rendered at the same time, and that such mistake is not repeated.
It is hard to say that it is favorable to the defendant.
On the other hand, the crime of this case shows the copy of the passbook that the defendant altered the details of the deposit and withdrawal, as if he were to lend 30 billion won to the victim, and the crime of this case was committed by deceiving the head of 140 million won check under the name of a prior interest, and thus the nature of the crime is not easy. The defendant has a record of criminal punishment of eight times (one time of actual punishment, four times of delay of collection, three times of fines) due to the same crime, and on October 13, 201, the Seoul East Eastern District Court sentenced the defendant to imprisonment with prison labor for 6 months at the Seoul Eastern District Court for fraud, 2 years of suspended execution, 3 years of imprisonment with prison labor for 1 year and 6 months, and 3 years of suspended execution on November 8, 2012, and did not know even if he was under the suspended execution, and did not reach an agreement with the victim and did not make any effort to recover damage to the defendant.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered.