사기
The defendant's appeal is dismissed.
1. According to Articles 32(4) and 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings in the Trial Scope of this Court, where an application for compensation is rejected, the decision of rejection becomes immediately and conclusive and is not transferred to the appellate court. However, where an appeal against a conviction is filed, the portion of the order for compensation shall be transferred to the appellate court along with the case of the defendant.
The lower court accepted and dismissed the remainder of KRW 70 million among the application for compensation filed by the applicant for compensation.
Since the above rejection was finally determined, it shall be excluded from the scope of judgment of this court.
On the other hand, the part accepting the application for compensation by the court below was tried together with a conviction by the defendant by filing an appeal, but there is no indication of the grounds for appeal as to the part concerning the compensation order by the court below in the petition of appeal and the reasoning of appeal submitted by the defendant, and even if ex officio, there is no ground for revocation or alteration in
2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is too heavy (eight months of imprisonment).
3. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no special change in the circumstance in the trial regarding sentencing, and the lower court already determined the sentence by fully taking into account the circumstances that the Defendant asserted on the grounds of appeal.
Even if the grounds for sentencing of the lower court and all other conditions of sentencing indicated in the record are reviewed once again, such punishment was too inappropriate, thereby deviating from the scope of reasonable discretion in sentencing.
It does not appear.
4. 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 so decided as per Disposition.