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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Real estate owned by the Defendant at the time of the misunderstanding of facts (hereinafter “instant real estate”).
As the actual value of the Defendant’s debt exceeds the total amount of the Defendant’s debt, the Defendant did not have an intention to acquire by deception. 2) The lower court’s imprisonment (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Although the court below asserted the same purport as the above grounds for appeal, the court below rejected the above argument on the grounds as stated in its reasoning, and found the defendant guilty of the facts charged in this case by integrating the present evidences. In light of the records, the court below's decision is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant.
The defendant's assertion of mistake is without merit.
B. We also examine the defendant and the prosecutor's assertion of unfair sentencing.
The fact that the defendant reflects his mistake, that is the primary offender, and that the present state of health seems to be not good is the circumstances favorable to the defendant.
However, the fact that the amount acquired by the defendant is not significant, the victims have not been repaid properly until now, and the fact that the agreement has not been reached is disadvantageous to the defendant.
In addition, considering the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and various sentencing conditions as shown in the records and pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is deemed reasonable and is too heavy or unreasonable.
Defendant
The prosecutor's assertion of unreasonable sentencing is without merit.
3. The appeal by the defendant and the prosecutor in conclusion is without merit, and they are all filed in accordance with Article 364(4) of the Criminal Procedure Act.