사기등
The prosecutor's appeal is dismissed.
1. No applicant for the scope of adjudication of this court shall file an objection against a judgment dismissing an application for compensation order;
(Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). The court of first instance dismissed all applications for compensation by each applicant for compensation, and with respect to this part, it became final and conclusive immediately because the applicant for compensation is not able to appeal.
Therefore, the rejection of an application for compensation order among the judgment of the court of first instance shall be excluded from the scope of this court.
2. Determination on the grounds for appeal
(a) The sentence of the first instance judgment (one year and two months of imprisonment) against the accused in the summary of the grounds for appeal is deemed to be undue.
B. In a case where there is no change in the conditions of sentencing compared with 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.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the following: (a) there are favorable circumstances, such as the confession and reflectivity of the defendant, and criminal records; (b) the circumstances against the defendant asserted by the prosecutor are considered both in the first instance judgment; and (c) there is no change in the conditions of sentencing compared with the first instance judgment because new sentencing materials have not been submitted in the trial.
In addition, even if the Defendant’s social background, age, character and conduct, motive and background of the offense, means and consequence of the offense, and other circumstances that form the conditions for sentencing as shown in the instant records and arguments, it is not determined that the sentencing of the court of the first instance has reached the degree that it is impossible to escape from destruction beyond the reasonable scope of discretion, as it is excessively unfeasible.
3. Since the appeal by the public prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.