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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 circumstances favorable to the Defendant are recognized, such as the fact that the Defendant led to the confession of the instant crime and reflects the mistake, that the Defendant had no record of criminal punishment so far, and that the Defendant repaid the victim C the amount equivalent to KRW 11 million.
However, the crime of this case is committed by deceiving the victim B and C by taking advantage of personal trust relationship, and the crime of this case is committed with heavy liability in light of the content of the crime and the amount of fraud, and the defendant did not agree with the victims. In particular, the victim B was suffering from economic and mental pain due to the crime of this case, and thus, the defendant's strict punishment is deemed to be disadvantageous to the defendant.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, where there exists an area unique to the first instance court's determination of sentencing, 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 unfair or unfair because the court's punishment against the defendant is too uneasible or too unreasonable, considering all the circumstances that form the conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, etc.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is in accordance with Article 364 (4) of the Criminal Procedure Act.