사기등
All appeals filed by the Defendants and the Prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The grounds of appeal (unfair form) asserts that the Defendants’ respective types of punishment (10 months of imprisonment with prison labor for Defendant A and Defendant B: imprisonment with prison labor for 8 months) of the lower court are too unreasonable and unfair.
2. According to the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering the grounds for sentencing asserted by the Defendants and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.
3. In conclusion, the appeal filed by both the Defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for remedy order filed by the applicant for compensation is not reasonable in criminal proceedings because the scope of the Defendants’ compensation liability is not clear, and it is therefore dismissed in accordance with Article 32(1)3 of the Act on Special Cases concerning
[However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 352 of the Criminal Act shall be amended ex officio, pursuant to Article 25(1) of the Rules on Criminal Procedure, by revising "Article 352 of the former Criminal Act (amended by Act No. 13719, Jan. 6, 2016)" to "Article 352 of the former Criminal Act" and corrected