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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 (10 months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of this case by murdering the victim and deceiving the victim by receiving the check of the sum of KRW 80,000,000,000 from the victim. In light of the content of the crime, the criminal liability is heavy, the defendant did not agree with the victim, and the damage was not recovered, and the victim wanted to punish the defendant, which is disadvantageous to the defendant, is recognized.
However, the circumstances favorable to the defendant are also recognized, such as the confession of all of the crimes of this case during the trial of the defendant, and the defendant reflects the defendant's wrong life through a considerable period of time, there is no record of the same crime, and there is no record of criminal punishment exceeding the fine even for the crimes of this type, and the defendant's family members, etc. seems to clearly have a social ties relationship with the defendant, such as the defendant's birth of
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.
In addition, the sentencing of the lower court is reasonable within the scope of discretion, in consideration of the overall circumstances that form the conditions for sentencing, such as the Defendant’s age, sex, environment, etc.