Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The determination of this case is that the Defendant’s construction of a kindergarten, child care center, etc. on a considerable scale of borrowing the name of the registration of the construction business and that the above crime is likely to cause serious social problems, such as poor construction, etc.
On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and there is no criminal conviction for the defendant.
Considering the above conditions unfavorable or favorable to the defendant, and other conditions of sentencing as shown in the argument of this case such as age, sex, environment, etc., the sentence of the court below does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion. Thus, the above assertion by the defendant and the prosecutor is without merit.
3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.