사기등
The defendant's appeal is dismissed.
The defendant shall obtain money from 1620,000 won and AS, an application for compensation, from I who is an applicant for compensation.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. It is reasonable to respect the Defendant’s assertion of unfair sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the Defendant’s assertion of unfair sentencing, and the first instance court’s sentencing
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.
In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion.
Therefore, the defendant's assertion is without merit.
3. The applicant for compensation filed an application for the compensation order in the trial at the trial. According to the evidence duly admitted and investigated by the court below, the defendant was aware that the defendant acquired 1620,000 won from I who was the applicant for compensation and 1090,000 won from AS who was the applicant for compensation. Thus, the defendant should pay the amount equivalent to the above fraud to the applicant for compensation.
4. Thus, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and each application for compensation order by the applicant for compensation is well-grounded. Thus, the defendant's appeal is accepted pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and each of the above compensation orders can be provisionally executed pursuant to Article 31 (3) of the same Act.
However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, part of the judgment of the court below ex officio is dismissed or added as follows: