사기등
All appeals by the defendant and the prosecutor are dismissed.
The defendant shall obtain money 75,00,000 won by deceit from the applicant for compensation for the trial.
1. Summary of grounds for appeal;
A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.
B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.
2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.
The circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial of the political party and the circumstances alleged by the defendant as an favorable factor in the trial of the political party were revealed in the oral proceedings of the court below, and there is no change of circumstances in relation to the matters that are the conditions for sentencing after the decision of the court below
In addition, in full view of the grounds for sentencing as cited by the court below and all other factors of sentencing as shown in the records of this case, including the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the court below is too somewhat somewhat less or less than the reasonable scope of discretion in the court's determination of the sentencing.
shall not be deemed to exist.
Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since an application for compensation order filed by the applicant for compensation by the court of the first instance is with merit, it is accepted in accordance with Articles 25(1), 31(1) and 31(2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, but it is also accepted in accordance with Article 25(1), 31(1) and 31(2) of the same
One of the arguments is, because there is no circumstance that the applicant received the compensation for the trial on the record, the above amount shall not be deducted from the cited amount) and the provisional execution is attached to the above compensation order pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition.