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All appeals filed by prosecutors and defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the circumstances, such as the fact that the prosecutor defendant was punished several times for the same crime, and that the defendant committed the instant crime in order to prepare an agreement with the victim of other fraudulent crimes, the punishment of imprisonment with prison labor for six months sentenced by the court below is too uneasible and unfair.
B. In light of the circumstances, such as the fact that the Defendant is trying to pay damages and that he must support the mother, the sentence imposed by the lower court is too unreasonable.
2. In light of the following circumstances: (a) the Defendant had been punished on seven occasions before the instant case; and (b) the Defendant had been punished on three occasions, which included three times the period of punishment for the crime of the same kind of crime; and (c) the nature of the instant crime is not good; and (d) the sentence imposed by the lower court is somewhat minor.
However, there may be room to see the fact that the defendant confessions and reflects the crime, that the defrauded of this case was merely 10 million won, that the defendant was 4 million won on April 28, 2015, and that the victim was the victim.
4. The repayment of KRW 1,300,000 on January 12, 2016 and KRW 10,000 on a total, and KRW 10,00,00 on a 30.30.1,30,000 on a 4,700,000 on a 12. The instant crime is a concurrent criminal by a group after Article 37 of the Criminal Act, and other various circumstances, such as the Defendant’s age, sexual conduct, intelligence and environment, motive, means and consequence of the instant crime, etc., are considered as conditions for the sentencing specified in the instant case, such as the circumstances after the commission of the crime, are appropriate, and it is not deemed unfair or unfair.
3. According to the conclusion, all appeals filed by the prosecutor and the defendant are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.