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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
In light of the overall circumstances of this case, the punishment imposed by the court below (10 months of imprisonment) is too minor or unreasonable.
Judgment
The Defendant’s each crime of this case was committed by acquiring employment KRW 50 million by taking advantage of the imminent situation of the victims who know about the employment of self-employed, and the nature of the crime is very poor. While there are unfavorable circumstances such as the Defendant’s denial of the last day of the crime in the police and the prosecution investigation process, the Defendant’s confession should reach the court. Meanwhile, there are also favorable circumstances such as the Defendant’s age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., which are favorable to the Defendant’s punishment, such as the fact that the Defendant agreed with some victims, the most responsible for supporting the children, the fact that the Defendant was punished by a fine, but are not the same kind of crime. Therefore, considering all of the sentencing conditions, the Defendant’s punishment imposed by the lower court is too weak or unreasonable. Therefore, each allegation of unfair sentencing is without merit.
Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.