사기등
All appeals filed by the defendant and prosecutor are dismissed.
The application for compensation by the EF, an applicant for compensation, shall be dismissed.
1. The defendant asserts that with respect to the punishment (ten months of imprisonment) declared by the court below, the defendant is too unfasible, and the prosecutor is too unfased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no new circumstance to change the sentence of the lower court in the trial. Considering that the reasons for sentencing as stated by the lower court are the Defendant’s age, character and conduct, records of the crime, background and method of the crime, amount of damage, circumstances after the crime, etc., as a whole, as stated in the lower court’s and the trial proceedings, the sentence imposed by the lower court is either hot or minor within the reasonable scope of discretion.
3. Inasmuch as an application for compensation filed by the EF, which is an application for compensation, after the closing of argument, constitutes a case where the application for compensation is unlawful.
4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation filed by the EF, which is an application for compensation filed by the court of the first instance, is unlawful, and thus, it is so decided as per Disposition by the assent of all participating Justices, in accordance with Articles 32(1)1 and