사기
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service time of two hundred hours) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant led to confession and reflect by the Defendant.
However, in full view of various circumstances revealed in the records and pleadings, such as the damage has not been recovered, the damage has not been taken against the victim, and the defendant has a number of same criminal records including the suspension of the execution of imprisonment with prison labor, etc., the sentence sentenced by the court below is not heavy.
3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.