사기방조
The defendant's appeal is dismissed.
1. The sentence of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant led to confession and reflects the gist of the grounds for appeal, that there is no pecuniary profit gained by the defendant, that there is no substantial amount of damage, and that the defendant supports the mother, etc.
2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.