2. Determination

A. The sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). (b) The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court have already been discovered in the hearing process of the lower court, and there is no particular change in the situation in the sentencing guidelines after the sentence of the lower court was rendered.

The crime of this case is a relatively easy to obtain money from the defendant through the use of the characteristics of the Internet transaction, and the crime of this case is not easy in light of the method of crime, etc.

Furthermore, the defendant has been punished for a suspended sentence on two occasions due to the same crime, and there was no agreement with the victims.

(c)

In addition to the above legal principles and circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime are committed.