사기
The defendant's appeal is dismissed.
1. The court below rejected the application for compensation order filed by the applicant for compensation, and since the court's judgment was immediately finalized because the applicant cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., the part rejecting the application for compensation order of the court below is excluded from the scope
2. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
3. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has the unique area of the first instance court
In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no significant change in circumstances that may consider the sentencing of the Defendant following the pronouncement of the lower judgment.
The defendant recognizes a crime and is against his will.
However, even after the lapse of a considerable period of time after committing the crime, the defendant did not agree with the victim, and the victim wanted to be punished strictly.
In addition to these circumstances, the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime were committed, and the reasons for sentencing of the lower judgment are compared.