절도등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a year and six months, and a fine of KRW 100,000.
The defendant above.
1. On June 18, 2019, the appellate brief within the deadline for submitting the appellate brief, the Defendant submitted the appellate brief stating only unfair sentencing on the grounds of appeal, and the Defendant’s defense counsel submitted a supplementary statement of the grounds for appeal on August 22, 2019, which was subsequent to the deadline for submitting the appellate brief, and added a mistake of fact to the effect that “the Defendant does not possess a beer knife for assaulting the victim, and there is no fact that the knife knife is displayed on the victim,” as to the special assault on October 22, 2018. However, such argument is submitted after the deadline for submitting the appellate brief, and thus cannot be a legitimate ground for appeal.
(2) In light of the above legal principles, the lower court’s determination that the Defendant committed a special assault as stated in this part of the facts charged may be deemed to have committed a crime, even if ex officio examination of the above assertion is conducted, in full view of the evidence duly adopted and examined by the lower court, such as the Defendant’s legal statement (the Defendant recognized this part of the facts charged at the lower court) and the victim’s written statement.
The sentence of the lower court (one year and eight months of imprisonment, fines of 100,000 won, confiscation) is too unreasonable.
2. The Defendant was sentenced to imprisonment for a year and two months due to the same type of fraud, etc. and completed the execution of the sentence, and thus, was released from the prison, even though the repeated crime was committed during the repeated crime period, and each of the instant crimes was committed repeatedly for a few months.
There are many criminal records against the defendant, including criminal punishment for the same kind of crime and the same crime.
However, the defendant acknowledges the crime and criticizes the wrongness.
The degree of damage to each of the instant crimes is relatively minor.
In the court below, the defendant agreed to most victims and the rest of the victims in the trial.
The health conditions and economic conditions of the defendant are not good.
The defendant's age, character and conduct, and each of the instant cases.