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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the prosecutor and the Defendant as sentencing factors have already been discovered in the hearing process of the lower court and sufficiently taken into account, and there is no particular change of circumstances in the matters subject to sentencing after the lower judgment was sentenced.
In addition, in full view of all sentencing factors indicated in the records and arguments of the case, including the fact that the defendant is the primary offender, the defendant recognized the crime of this case, the fact that the defendant did not agree with the victim up to the trial of the court, while the defendant did not agree with the victim until the trial of the court, the crime of this case is excessive, and the defendant received loan money several times over a long period as if he were married, and received it as if he were married, and the crime of this case was committed. In light of the contents of the crime, the criminal liability of the defendant is heavy, and the victim suffered considerable material and mental damage due to the crime of this case, etc., the sentence of the court below is too heavy or it does not seem that he exceeded the reasonable scope of discretion
Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.