Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence sentenced by the prosecutor (eight months of imprisonment) is too unhued and unfair.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no particular change in the sentencing conditions of the lower court on the grounds that the materials to ex post facto change the sentencing have not been submitted in the trial.

The fact that the defendant recognized the crime of this case and is against the defendant, among the damage amount of the crime of this case, the amount acquired by the defendant among the damage amount of the crime of this case is not much high, the victim does not want the punishment against the defendant, and the defendant made efforts to repay the damage amount to the remaining victims.

On the other hand, the defendant's method of committing the crime of this case is planned and the amount of damage is large, and the defendant has the records of identical crimes, etc. are disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, circumstances after the commission of the offense, and the circumstances after the commission of the offense, it cannot be deemed that the lower court exceeded the reasonable scope of discretion imposed on the Defendant.

All the arguments of the defendant and prosecutor that the sentencing of the court below is unfair are rejected.

3. The appeal by the defendant and the prosecutor is without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.