사기등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (two years and six months of imprisonment and confiscation) is too unreasonable.
2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.
Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.
In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260). The lower court rendered the above sentence to the Defendant under favorable circumstances, taking into account the following: (a) the crime of Bosing was committed with serious social harm, such as causing damage to an unspecified number of unspecified victims in a planned and systematic manner; (b) the Defendant entered the Republic of Korea for the purpose of the crime; and (c) the Defendant entered the Republic of Korea; and (d) the Defendant is against the recognition of his/her criminal act; and (e) there is no special circumstance or change of circumstances that may be considered for sentencing newly in the trial; and (e) taking into account all the sentencing factors indicated in the records and arguments of the instant case, such as the Defendant’s age, character and behavior, family relationship, motive and circumstance after the crime, etc.,
3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.