사기
The defendant's appeal is dismissed.
An application for remedy by an applicant for remedy shall be dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. Determination
A. The lower court determined the Defendant’s punishment on the assertion of unfair sentencing, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.
In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.
In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, etc., are comprehensively taken into account, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.
The defendant's assertion of unfair sentencing is without merit.
B. As an applicant for compensation already holds an executive title regarding the recovery of damage (Seoul District Court Decision 2017 Ghana71706), there is no benefit to separately apply for a compensation order, so the applicant for compensation cannot accept it as unlawful.
3. The defendant's appeal is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for compensation order by the applicant for compensation is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.