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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the equity in the case of the judgment of the court below at the same time with the judgment of the court below that became final and conclusive, the sentence of the court below is too unreasonable, when the defendant committed all the facts of each of the crimes in this case, and reflects the wrongness of the defendant, and there is no force to be sentenced to the sentence.
B. Considering the fact that the above victims want to be punished by severe punishment against the defendant because they did not reach an agreement with the victims even though the amount obtained by deceit due to each of the frauds in the instant case by the public prosecutor, the above punishment of the court below is too unreasonable.
2. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of the sentencing stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's sentencing, and the defendant and the prosecutor did not submit new sentencing data that could change the sentence in the court below at the court below. Other factors such as the defendant's age, character, character, environment, criminal records, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc. are considered, the court below's punishment against the defendant is deemed appropriate, and it cannot be recognized that the defendant exceeded the reasonable scope of discretion because it is too heavy or unfeasible.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit.