점유이탈물횡령등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the gist of the reasons for appeal (two years of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.
2. The judgment of the Defendant had the history of having been punished eight times for the same crime, and the crime of this case commenced on November 24, 2015 because it was committed for three months after habitually larceny, etc. and was released from prison on November 24, 2015, and thus, the risk of repeating the crime of this case is very high, and there is no possibility of recovering particular damage to the victims.
The amount of damage caused by some of the crimes was minor, and some of the damage was returned to the victims.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.
3. As such, 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.