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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The crime of this case, based on the judgment, is found to have committed the crime of this case by deceiving the victim and deceiving the victim, which is disadvantageous to the defendant, in light of the content of the crime, such as the fact that the criminal liability is heavy and the defendant did not agree with the victim.
However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant made a confession of all the crimes of this case and reflects the mistake in depth, that there is no record of crime exceeding the fine, and that there is a need to consider equity with the case of being tried together with the crime of fraud for which the judgment
On the other hand, under our criminal litigation law taking the trial-oriented principle and the principle of directness, where there exists a unique area of the first instance court's sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court's judgment, and the first instance court's sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and it does not seem that the court's punishment against the defendant is too unfavorable or too unreasonable, taking into account all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sex, and environment, etc.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.