사기
The prosecutor's appeal is dismissed.
1. The decision of the court below against the defendants on the summary of the grounds for appeal (the crime No. 1 of the judgment of the court below - the crime No. 3 years of suspended execution in one year and six months of imprisonment, the crime No. 2 of the judgment of the court below - the term of suspended execution in six months of imprisonment, the term of suspended execution three years of imprisonment, the observation of protection, the community service order 200 hours in six months, Defendant B: the term of imprisonment eight months
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) In most cases, the circumstances alleged by the prosecutor as an unfavorable element in sentencing in the trial at the court of the first instance were revealed in the hearing of the lower court, and there is no other unfavorable changes in circumstances relating to the matters subject to sentencing after the pronouncement of the lower judgment.
In addition, the following circumstances, which can be seen by the results of the investigation before the judgment of the party, have been recovered from considerable damage, i.e., the victim G does not want the punishment of the Defendants, and the victim K does not want the punishment of Defendant A.