Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of one year and two months, additional collection of 33 million won) is too unreasonable.
2. It is recognized that the Defendant recognized the instant crime and reflected the mistake.
On the other hand, the crime of this case is committed by the defendant who was under trial due to fraud, etc. against the victim who was leading to another criminal trial in order to prepare the criminal agreement amount.
In light of the motive and method of crime as a case of deceiving 33 million won by deception, the crime of this case was extremely poor in light of the motive and method of crime, and the defendant has already been subject to criminal punishment four times due to the same crime (three times of actual punishment, and one time of fine), and the victim did not have much amount of damage due to the crime of this case and the victim wanted to punish the defendant at the court below. In addition, comprehensively taking account of the circumstances leading up to the crime of this case, the court below's punishment is too excessive and it is not recognized that the court below's punishment is unfair, taking into account various sentencing conditions shown in the records and arguments, such as the background of the crime of this case, the defendant's age, sexual behavior, and environment.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.
[Provided, the judgment below's 3 pages 5 of the 3th page of the judgment below is clear that the "G" of the 5th page of the 3th page of the judgment below is a clerical error of "M" (Evidence No. 5 page of the evidence record), and it is corrected ex officio in accordance with Article 25 (1)