사기등
All appeals by the Defendants and the Prosecutor are dismissed.
1. According to the judgment on Defendant A’s appeal (the Do in which the period for submitting the written reason for appeal was submitted), Defendant A did not submit the written reason for appeal within 20 days from the deadline for submitting the written notification of the receipt of the trial records on October 16, 2019, while Defendant A received the written notification of the receipt of the trial records from this court, and the written reason for appeal is not stated in the written reason for appeal, and further, the record cannot be found even
Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant A should be made. However, as long as a judgment is rendered on the appeal by a defendant B and the prosecutor, the dismissal of appeal should not be decided separately, and a judgment should be
2. Determination on the prosecutor’s appeal against Defendant A and Defendant B’s appeal
A. A. A summary of the grounds for appeal 1) The Prosecutor (one year and six months of imprisonment) of the lower court (one year and six months of imprisonment against Defendant A)’s imprisonment is too uneased and unreasonable.2) Defendant B’s imprisonment (six months of imprisonment and one year of imprisonment) is too unreasonable.
B. Determination 1) In a case where there is no change in the conditions of sentencing compared with the first instance court’s judgment on the appeal against Defendant A by the prosecutor, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Defendant A again committed each of the instant crimes during the period of suspended execution and probation for the same kind of goods fraud, etc., and some of the crimes committed while pending trial after being prosecuted for the same kind of crime are committed.
However, most of the victims were repaid to the victim, and the same victims did not want the punishment of Defendant A, and there is no particular change in the sentencing conditions compared with the original judgment, and the sentencing conditions indicated in the arguments and records of this case, such as the age, character and conduct, environment, motive, circumstance, means and method of the crime, and the circumstances after the crime.