야간건조물침입절도등
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that with respect to the punishment (six months of imprisonment) declared by the court below, the prosecutor is too unhued and unreasonable.
2. In a case 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 it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). In light of the following: (a) there is no new circumstance to change the sentence of the lower court in the trial; and (b) the reasons for sentencing as stated by the lower court are as follows: (a) comprehensively taking into account the Defendant’s age, character and conduct, records of the crime, method and process of the crime, frequency of the crime, circumstances after the crime, etc., the sentence imposed by the lower court was conducted within the reasonable scope of discretion; and (c) it is neither hot nor minor.
3. In conclusion, the appeal filed 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.