beta
Text
The defendant's appeal is dismissed.
An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. The Defendant’s judgment on the grounds of appeal recognizes and reflects all of the instant crimes, and is currently in a state of unsound health.
However, the crime of this case is the case where the defendant pretended to be a normal transaction of goods and acquired money equivalent to the price of goods from many victims, and the crime is a bad crime in light of the frequency of the crime and the method of the crime.
In particular, the defendant committed the crime of this case even though he was committed for a repeated crime due to the same kind of crime, and did not reach an agreement with the victims until the time of the trial.
In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.
In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.
3. The application for a remedy order filed in the trial of the court below as to the application for a remedy order by the applicant for compensation applicant filed in the trial of the court below constitutes a case where the application for a remedy order is not legitimate because the application for a remedy order was filed against the co-defendant A of the court below which became final and conclusive. Thus, the application for a remedy order by the applicant for compensation to the court below is not accepted (Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings). 4. As such, the defendant's appeal is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act, and the application for a remedy order by the applicant for compensation to the court below is dismissed.