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 (two years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The fact that the defendant recognized his mistake and reflects his mistake, and that he does not have a criminal record for the same kind of crime is favorable.
On the other hand, the court below seems to have determined punishment in consideration of such favorable circumstances, and there are no circumstances or changes in circumstances that may be considered newly after the decision of the court below after the decision of the court below, and the amount of defraudation is not stated in total of 305,200,000 won, and the victims have failed to agree with the victims until the trial of the party, and the fact that the investigative agency has failed to faithfully comply with the request
In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.