서울중앙지방법원 2018.01.19 2017노4250



The defendant's appeal is dismissed.


1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below (one hundred months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant appears to have led to the confession of all of the instant crimes and to reflect his mistake; (b) the Defendant has old age in 1947; and (c) the Defendant appears not to have good health status; and (d) the Defendant paid KRW 12 million to the victim as a payment for damage, etc. at the lower court.

However, the sentencing of the court below seems to have been determined by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, the crime of this case is not likely to be committed intentionally from the beginning with the planned crime that belongs to the victim.

The Defendant, prior to the instant crime, was sentenced to punishment for the same crime and was sentenced to punishment more than ten times, and was punished more than ten times, but also committed the instant crime during the period of repeated crime.

One of the damage amounts remains without restoring to its original state, and the victim is trying to be punished by the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, environment, motive, means, consequence, and circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant records and theories on changes, the sentence imposed by the lower court is too large and goes beyond the scope of reasonable discretion, even considering all the circumstances alleged by the Defendant.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.