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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. As to the sentence imposed by the court below (one year and six months of imprisonment), the defendant asserts that the prosecutor is too unfeasible and unfair as it is too unfasible.
2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant acknowledges and reflects a criminal act, and the fact that the instant criminal act ought to be taken into account at the same time as the judgment became final and conclusive, is favorable.
On the other hand, the crime of this case is very poor and has caused damage to the victims by deceiving the money by forging documents such as the order sheet and the order sheet of the product by the defendant, and taking the money into account the job seekers from the shipbuilding industry up to eight persons for overseas employment.
In addition, the Defendant had been punished five times as a crime of fraud at the time of the instant crime, such as two times of the suspension of the execution of imprisonment and three times of fines, and some of the crimes were committed during the suspension period of the above execution due to the same kind of crime, and the victims’ damage was not completely recovered.
The court below set a punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances, and there is no change in circumstances that make it possible to change the punishment of the court below in the first instance.
When comprehensively considering the sentencing conditions, such as the Defendant’s age, sex, environment, etc. as shown in such circumstances, the lower court’s sentence cannot be deemed to be unfair because it exceeded, is too heavy, or is too heavy, or is fluent.
3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.