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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Fact-finding Defendant 1 received the money recorded in the facts charged from the victim D, but the Defendant received the said money through the J after hearing the speech of theJ at the request of the person who is known to E and delivered it to E. Thus, the Defendant did not induce the victim. Defendant 2) The sentence sentenced by the lower court of unfair sentencing (two months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The defendant made the same argument in the court below as to the defendant's assertion of mistake of facts. In light of the contents of the "decision on the defendant's and defense counsel's assertion" in the court below's judgment, the judgment of the court below is just and there is no error of law of mistake of facts as alleged by the defendant.
B. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means, means, and consequence, the sentence imposed by the lower court against the Defendant is too heavy or unjustifiable, and no more effort is made to recover damage than the amount of damage in this case, D wants to severely punish the Defendant, and the Defendant denies the instant crime on the ground that so far the Defendant is no previous offender, and there is no criminal conviction above the suspension of execution, and the Defendant’s health status is not good, and the Defendant’s age, character and behavior, environment, motive, means, and consequence, the situation before and after the crime, etc., the sentence imposed by the lower court against the Defendant does not seem to be unreasonable. Accordingly, each of the grounds for unfair sentencing by the Defendant and the prosecutor are without merit.
3. In conclusion, each appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.