사기
The defendant's appeal is dismissed.
The defendant 420,00 won and 180,000 won to T who is an applicant for compensation.
1. The summary of the grounds for appeal: The punishment imposed by the lower court (two years of imprisonment) is too unreasonable.
2. Determination
A. The determination of sentencing on the Defendant’s assertion of unfair sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and reasonable scope, taking into account the conditions for sentencing as stipulated in Article 51 of the Criminal Act, based on the principle of trial-oriented and directness. The Korean Criminal Procedure Act, which adopts the principle of trial-oriented and directness
In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined a punishment within a reasonable scope by taking into account the circumstances unfavorable to the Defendant and favorable circumstances, as stated in the grounds for sentencing.
Considering this, the sentence of the court below against the defendant is too heavy or unreasonable.
B. The applicant for compensation filed a request for compensation order against the Defendant for the payment of each amount of damage compensation against the Defendant in the first instance trial.
Since the part of the facts charged in the instant case regarding the applicant for compensation is found guilty, the Defendant is obligated to pay 420,000 won to T who is the applicant for compensation, and 180,000 won to the applicant for compensation.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.