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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. The judgment is a favorable condition that the defendant confessions the instant crime and reflects his mistake, and that he is the first offender who has no record of crime.
On the other hand, the crime period of this case is long-term, the victim is 13 persons, the sum of the money acquired is more than 1.1 billion won, and the damage was not recovered, and there is no special change in circumstances after the decision of the court below is disadvantageous.
In addition, taking account of the following factors: Defendant’s age, sex, occupation and environment, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable as it is deemed that the Defendant’s punishment is too heavy, and thus, Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.