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All appeals filed by the defendant and prosecutor are dismissed.
The defendant is 2.80,00 won by fraud to AV, which is an application for compensation.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment) is too unreasonable.
B. The lower court’s above sentence is too unhued and unreasonable.
2. Determination on the grounds for appeal
A. Under the Korean Criminal Procedure Act, which takes the principle of trial-oriented and directness, where there exists a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing in the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015)
B. The court below sentenced the above punishment to the defendant on the grounds of the sentencing as stated in its reasoning. The defendant seems to have committed each of the crimes of this case, and there is no evidence to impose any punishment exceeding the fine. Four victims' AI (495,000 won for damage) No. 13 of the crime of this case No. 13 of the annexed crime No. 2019-Ma241 of the annexed crime No. 30 of the victim's 2019-Ma241 of the annexed crime No. 13 of the judgment below.9 (U and AD's 2019-Ma436,00 won for victims AD (amount of damage 2.50,00 won), AK, C, D, AR, AS, ATS, AV, and AV). There are no evidence to prove that the defendant had already paid the same amount of punishment to the majority of the victims as the reasons for recovery of the crime of this case, and there are no differences in the sentencing of the crime of this case.