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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects the fact that the defendant's family members and branch members want to leave his wife, and that the defendant has no record of being punished as a sentence.
On the other hand, even though the defendant actively deceivings the victim, thereby deceiving him about 26.5 million won in total, and the quality of the crime is not less severe, the defendant committed the crime of this case in addition, even though he had the record of criminal punishment on seven occasions (two times of suspended execution, five times of fines) through the same crime, and the defendant did not agree with the victim or have not recovered from damage until the trial of the party, etc. is a condition for sentencing disadvantageous to the defendant.
In full view of the above circumstances and other circumstances, including the Defendant’s age, sex, environment, family relationship, and circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant, his defense counsel, and the prosecutor’s respective arguments regarding the above sentencing are not acceptable.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.