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Defendant
All appeals by prosecutors are dismissed.
Reasons
Summary of Reasons for appeal
A. The sentence of the lower court against the Defendant (five months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
Judgment
The crime of this case is deemed to be disadvantageous to the defendant, such as the fact that the defendant acquired 40 million won from the damaged person as a loan money, and that the criminal liability is heavy in light of the contents of the crime, such as the amount of fraud, and that the defendant did not make any effort to recover the damage of the victim, and that the defendant committed the crime of this case even though he had been punished several times for the same crime.
However, the circumstances favorable to the Defendant are also recognized, such as the Defendant’s confession of the instant crime and reflects the Defendant’s mistake in depth, the Defendant’s health condition is not good, such as undergoing the upper cancer surgery in 2014, and the Defendant has no record of criminal punishment exceeding the suspended execution up to now.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.
In addition, the court below's sentencing is reasonable within the reasonable scope of discretion, and it does not seem that the court below's punishment is too somewhat weak or unfair because it is too poor, considering all the circumstances that form the conditions for sentencing as shown in the argument of this case, such as Defendant's age, sex, environment, etc.
In conclusion, the appeal by the defendant and the prosecutor is to be filed.