절도등
Defendant
All appeals by prosecutors are dismissed.
1. On the summary of the reasons for appeal (one year of imprisonment) by the court below, the defendant asserts that the defendant is too unfasible to the sentence, and the prosecutor is too unfased and unfair.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance 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 Defendant’s history of punishment for the same kind of crime reaches six times (two times the suspension of the execution of imprisonment, and four times the fine). The instant crime intrudes upon the victim’s residence, thereby selling a second class product.
It is necessary to strictly punish the victim in light of the fact that the method of receiving the victim's home appliances is interviewed and planned by visiting the Recycling Center and making the victim carry them on the cargo vehicle.
Defendant
In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the lower court. Although the court agreed with the victim D in the first instance court, it is difficult to regard it as a new change in circumstances that could change the sentence of the lower court by merely applying the so-called "credit agreement."
In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, family relationship, health condition, etc., as shown in the deliberation by the court below and the party, the sentence imposed by the court below shall be appropriate, and it shall not be deemed unfair because it is too heavy or unhued.
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.