Text
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 (two years of suspended execution in October, and one hundred and twenty hours of community service) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine both judgment and the defendant's arguments.
The defendant has been punished more than ten times by imprisonment with prison labor, more than four times by a suspended sentence, and more than ten times by a fine, including the records of punishment four times by embezzlement and fraud, and the fact that the defendant was unable to agree with the victim that the victim wants to be punished by the defendant is disadvantageous.
However, taking account of the fact that the Defendant led to the instant crime, the fact that the victim appears to have partially repaid the money that he received as security, and other various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, means and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, cannot be deemed unfair.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.