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Defendant
All appeals by prosecutors are dismissed.
Reasons
Summary of Grounds for Appeal
A. The defendant (e.g., imprisonment with prison labor for one month and four months) of the court below is too unreasonable.
B. In light of the fact that the goods to be delivered under the crime committed on October 11, 2018 (attached Table 8 of the judgment of the court below) (the crime No. 2500,000 won in total) was delivered to the injured party among the three goods, the court below acknowledged the Defendant’s deception, but did not recognize it by mistake of fact. 2) The sentence of the court below is unfair because it is too uneasible.
2. Determination
A. According to the public prosecutor’s assertion of mistake of facts, the victim orders the defendant to take part in a middle and long-term luxa, a long-term luxa, and a part of a luxa Bluxa (i.e., the purport of the judgment below’s deception No. 8) on October 11, 2018, and paid 2.5 million won to the defendant as the price of the goods entered in the deception column No. 8), since it is recognized that the victim stated that he was delivered to the defendant on October 22, 2018, and that the above three goods were stated as being delivered by the defendant on or around October 22, 2018, there is insufficient reason to acknowledge that the evidence submitted by the public prosecutor alone by the fact that the defendant deceivings the victim and acquired the above 2.5 million won.
This part of the prosecutor's argument is without merit.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant committed the instant crime during the period of repeated offense, and acquired money from the victim by taking advantage of personal trust relationship with the victim is an unfavorable condition to the Defendant. The Defendant agreed with the victim, and the Defendant appears to have committed the instant crime at the time of the trial, and some of the crimes appear to have taken into account the equity between the case and the case of concurrent crimes under the latter part of Article 37 of the Criminal Act, which is favorable to the Defendant.
The age, character and conduct, environment, and crime of the defendant.