Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (ten months of imprisonment), and that the prosecutor is too unfased and unfair.

2. 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances for the Defendant.

The crime of this case was committed by the Defendant through the fraud of 40 Internet goods during one month, and the circumstances alleged by the Defendant and the Prosecutor on the grounds of appeal appear to have been already considered in the sentencing process of the original judgment, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended punishment according to the sentencing guidelines, as shown in the deliberation and arguments of the court below and the party concerned, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion or to be unfair because it is too unreasonable.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.