사기
Defendant
All appeals filed by A, C and Prosecutor are dismissed.
An application for compensation order against Defendant A and B of the applicant for compensation.
1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one year of imprisonment for each of the defendant A, C, and ten months of imprisonment for each of the defendant B) or is too heavy (the defendant A, C, and the prosecutor).
2. Determination
A. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions as shown in the records and arguments of this case, including the absence of changes in circumstances after the lower court’s judgment, the sentence imposed by the lower court to the Defendants is deemed appropriate, even if considering the circumstances alleged by the Defendants A, C, and the Prosecutor, and thus, is too heavy or unreasonable, and thus, the allegation by the Defendants A, C, and the Prosecutor is without merit.
B. Although the applicant filed an application for a compensation order with respect to the defendant A and B in the trial of the court, it is not reasonable that the scope of compensation liability of the above defendants against the applicant is not clear or that the compensation order is issued in the criminal procedure.
3. In conclusion, since the appeal by the defendant A, C, and the prosecutor is without merit, all of them are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application by the applicant for compensation against the defendant A and B is dismissed pursuant to Article 32 (1) 3 and Article 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. and is so decided as per Disposition.