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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) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. As to each of the unfair sentencing arguments by the defendant and prosecutor, it is recognized that the defendant was unable to agree with the victim D in light of the following: (a) the defendant was punished several times in the same type of fraud, etc.; (b) the defendant was punished for suspended execution; (c) the types of each of the crimes in this case; (d) the victim D’s damage amount exceeds a total of KRW 243 million; and (e) the victim D wanted to punish the defendant with severe punishment.
However, considering the following factors: (a) the Defendant divided his mistake; (b) the Defendant agreed with the Victim N (amount of KRW 20 million; (c) the victim D’s damage amount appears to have been repaid; (d) the case and equity in the event of judgment at the same time as the judgment in the final judgment became final and conclusive; and (b) the Defendant’s age, sexual conduct and environment; and the motive, means and consequence of each of the instant crimes; and (c) all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate; (d) the sentence imposed by the Defendant is too heavy or too excessive, and thus, cannot be deemed unfair.
Therefore, each argument by the defendant and the prosecutor is without merit.
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 appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.