Text
All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of the grounds for appeal 1) Defendant’s punishment (one year of imprisonment) is too unreasonable.
2) The Prosecutor’s sentence is too unhued and unreasonable.
2. The lower court sentenced one year of imprisonment in consideration of the circumstances favorable to the Defendant and the favorable circumstances favorable to the Defendant and the recommended sentencing guidelines of the Supreme Court sentencing committee.
The sentencing conditions in the trial at the trial, in particular, ① the Defendant committed the instant fraud and the offense in violation of the National Sports Promotion Act (gambling, etc.) during the period of suspension of execution, ② the victim N was fully recovered due to additional repayment from the trial at the trial, and other victims also filed a written application for non-rape of punishment. However, the court below already reflected the agreement with the victims of fraud in the judgment at the court below, and it was only sentenced to the lowest and two months higher than the sentencing criteria, and the judgment of the court below exceeded the reasonable limits in its discretion, considering the fact that the Defendant committed other crimes than fraud, and the sentencing guidelines, etc. were taken into account.
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too heavy or unbrupted.
Therefore, both prosecutor and defendant's assertion are without merit.
3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.