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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (the penalty amounting to five million won) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We recognize the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant made a confession of the instant crime; and (c) the Defendant faithfully paid his obligation in accordance with the installment payment plan that was promised with the victim company from the lower court to the trial; and (d) the victim company did not want punishment against the Defendant by mutual consent with the victim company and the victim company.
However, the crime of this case was committed by deceiving the victim company by deceiving the victim company, and the crime was not less than 9.6 million won in light of the method and content of the crime, and the defendant has the record of being sentenced to punishment once to the same crime and three times of fines. In particular, on October 11, 2013, the defendant was released on March 28, 2014 after being sentenced to imprisonment with prison labor at the Busan District Court for fraud on March 28, 2014.
6. In full view of the fact that the Defendant committed the instant crime even during the period of parole, even though the period of parole expired, and other various sentencing conditions as shown in the pleadings of the instant case, including equity in sentencing with the same or similar cases, Defendant’s age, sex, criminal conduct, environment, motive and circumstance of the instant crime, etc., the sentence imposed by the lower court appears to be appropriate, and it is not recognized that it is too heavy or unreasonable as it is too heavy.
Therefore, we cannot accept all the above arguments of the defendant and prosecutor.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.