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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (ten months of imprisonment and three months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The judgment of the Defendant committed the instant crime even though he/she had been punished several times for the same type of crime, such as fraud and violence, and the Defendant committed the instant crime to many victims for a considerable period from around 2011 to around 2015, and the total sum of the damages incurred to the instant fraud was not a significant amount of KRW 160,000,000, and the fact that the damage was not recovered to the majority of the victims of the instant fraud is unfavorable.
On the other hand, the defendant's attempt to commit the crime of this case and reflects the wrongness, and the fact that the victim of the fraud of this case reached an agreement with L (amount of 15 million won) among the victims of the crime of this case, and L does not want punishment of the victim, and the result of the damage of the crime of this case is relatively minor, etc. are favorable circumstances.
In full view of the above circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and other circumstances that are conditions for sentencing, the punishment imposed by the lower court is too heavy or light.
shall not be deemed to exist.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.