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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant: Imprisonment (five months of imprisonment) imposed by the lower court is excessively unreasonable.
B. Prosecutor: The sentence imposed by the court below is too unhued and unreasonable.
2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Examining the circumstances (i.e., the confession of a crime; (ii) the content of a crime; (iii) the content of a crime; and (iv) the same criminal records; and (iv) the damage was almost unrepared; and (iv) the judgment became final and conclusive on March 3, 2018, including all of the sentencing conditions (e.g., equity between the case and the case at the same time) on the records and arguments of the instant case, including the following: (i) the payment of 8.3 million won out of the acquired money by the victim H; (iv) the fraud amount of 12.9 million won out of the victim H is not repaid; and (v) the same type of criminal records are several times; and (v) the criminal records are punished by imprisonment with labor and imprisonment with labor; and (v) the Defendant’s assertion that the Defendant was not subject to the short-term imprisonment and/or imprisonment with labor cannot be considered in all of the grounds for appeal.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.