사기
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (1.5 million won in penalty) is too unreasonable.
Judgment
Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
Unless there exist such exceptional circumstances, it is desirable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant into account, and cannot find any circumstances to be newly considered in the trial. Therefore, even considering the circumstances asserted by the Defendant based on the grounds of appeal, the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is decided as per Disposition by applying Articles 191 (1), 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the burden of litigation costs incurred by the court below and the court below.