사기등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court’s failure to change the sentencing conditions. In full view of the factors revealed in the argument process of the instant case, the lower court’s sentencing is too excessive and so it does not seem to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.