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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 (eight 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 is deemed to have been committed by deceiving 40 victims, even though the defendant did not possess any goods to be sold, by deceiving 13.9 million won from them as the price for the goods. In light of the content of the crime and the amount of fraud, the criminal liability is grave, and the defendant committed the crime of this case during the period of probation, and the circumstances unfavorable to the defendant are recognized.
However, the circumstances favorable to the defendant are also recognized, such as the fact that the defendant led to the confession of the crime of this case, the fact that the defendant paid 6.55 million won out of the amount of damage to the 19 victim, the detention of the defendant is in a place where the defendant's wife and his father and wife are in difficult living.
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.