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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 (six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.
Considering the fact that the Defendant committed the instant crime during the period of repeated crime, the defrauded amount of the instant crime is considerably high to KRW 320 million, and the degree of the Defendant’s participation in the instant crime cannot be deemed to be negligible in light of the role of the Defendant or the details of the use of the defrauded money, etc., there is a need to strictly punish the Defendant.
On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant led to the confession of the crime, the victim does not want the punishment against the defendant, and the repayment of considerable amount of damage to the victim in the original judgment and the trial.
Ultimately, in full view of all the circumstances that led to the Defendant’s age, character and conduct, environment, the circumstances leading to the instant crime, and the circumstances leading to the sentencing conditions indicated in the records, such as the circumstances after the crime, the sentence of the lower court is reasonable. Therefore, the above arguments by the Defendant and the
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.