사기등
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal is that the Defendant took part only in the withdrawal of the instant Bosing crime, and there is no significant benefit from the crime of this case, and considering all circumstances such as the Defendant’s reflectivity, age, etc., the lower court’s punishment (two years and six months of imprisonment) is too unreasonable.
2. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases 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). Considering the circumstances asserted by the Defendant as an element of sentencing favorable to the Defendant in the grounds of appeal, the lower court’s punishment is deemed reasonable, and is too unreasonable, considering the following factors: (a) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; (b) circumstances after the crime; and (c) circumstances after the crime; and (d) circumstances where new sentencing materials that may change the sentence of the lower court were not added at the trial.
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.