상습사기등
All appeals by the prosecutor and the defendant are dismissed.
1. The prosecutor and the defendant asserts that the punishment of the court below is too weak or unreasonable (eight months of imprisonment) (the defendant and his/her defense counsel withdrawn his/her assertion of misunderstanding of legal principles and facts on the first trial date of the court of first instance). 2. The Korean Criminal Litigation Act, which takes the trial-oriented principle and direct principle, has a unique area for the first deliberation as to the determination of sentencing, and the appellate court’s ex post facto heart nature, etc., it is reasonable to respect the first sentencing in cases where there is no change in the conditions of sentencing compared with the first trial, and the first sentencing does not go beyond the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do320, Jul. 23, 2015). In full view of the following factors: (a) the defendant, taking advantage of the superior position of professional E, obtains money from many victims including those related to the past, habitually over eight times, and recognizes the defendant’s reasonable amount of punishment, including the circumstances leading the defendant to the crime and the defendant’s reasonable amount of fine, and damages.
The prosecutor and the defendant's assertion are without merit, since there is no circumstance that it is deemed unfair to maintain the judgment of the court below or that it is unfair to maintain the judgment of the court below.
3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is so decided as per Disposition.