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Defendant
All appeals by prosecutors are dismissed.
Reasons
Summary of Reasons 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.
Judgment
The crime of this case is committed by defrauding 40 million won from the damaged person under the pretext of the loan, even though the defendant did not have the intent or ability to repay the money, and in light of the contents of the crime, such as the amount of fraud, the responsibility for the crime is heavy, and the defendant did not make any effort to recover the damage of the injured person, and there is no need to make any effort to recover the damage of the injured person, and there is a need to punish the injured person with severe punishment against the accused.
However, it is also recognized that the defendant made a confession of the crime of this case and reflects the mistake in depth, and that the defendant is the first offender who has no record of criminal punishment so far, and is favorable to the defendant.
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 court below's sentencing is reasonable within the reasonable scope of discretion, and it does not seem that the court below's punishment is too somewhat weak or unfair because it is too poor, considering all the circumstances that form the conditions for sentencing as shown in the argument of this case, such as Defendant's age, sex, environment, etc.
In conclusion, the appeal by the defendant and the prosecutor is without merit and Article 364 of the Criminal Procedure Act.