beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. As to the summary of the grounds for appeal, the lower court’s punishment (ten months of imprisonment), the Defendant is too unreasonable, and the prosecutor is deemed to be too unhued and unreasonable.
2. The judgment of the defendant has been sentenced two times to a fine for the same kind of crime, and each of the crimes of this case is that the defendant, from July 17, 2012 to June 29, 2013, obtained a total of approximately eight million won from an unspecified number of victims on 44 occasions in consideration of the method of fraud in selling online goods from around July 17, 2012 to June 29, and is not good in view of the period and frequency of the crime, the method of the crime and the details of the crime, the number of victims and the amount of damage, etc., and is committed additionally after receiving the judgment of this case, some of the crimes are committed, and the considerable part of the amount of damage has not been reimbursed, etc. are disadvantageous to the defendant.
On the other hand, since the individual amount of damage of the victims is not so big that it does not cause a big economic attack to the victims, it is advantageous to the defendant, such as the fact that the victims agreed with 16 victims from among the victims in the original trial, and further agreement with two victims from the trial, and that the victims do not want punishment against the defendant.
In full view of the sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence, as well as the aforementioned flexible and unsound circumstances, the lower court’s sentence against the Defendant appears to be appropriate and is too unreasonable.
or against the other hand, it is not deemed improper because it is too uneasible.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below pursuant to Article 25(1) of the Regulation on Criminal Procedure.