부산고등법원 2019.10.10 2019노297



The defendant's appeal is dismissed.


1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The lower court sentenced the Defendant to a punishment by taking account of the circumstances unfavorable to the Defendant, in light of the following: (a) the Defendant committed the instant crime even during the period of repeated crime; (b) the Defendant had been punished by imprisonment, etc. on several occasions; and (c) the Defendant was unable to receive a letter from the victim; and (d) the Defendant was sentenced to a punishment by the lower court, which is favorable to the Defendant.

Considering the Defendant’s unfavorable circumstances, such as the Defendant’s age, character and behavior, occupation, family relationship, motive, means, consequence, etc., and other various conditions of sentencing, including the Defendant’s age, character, personality and behavior, occupation, family relationship, etc., as well as the situation after the crime, the lower court appears to have determined a sentence after mitigation, taking full account of various circumstances regarding sentencing, including the circumstances that the Defendant was under the grounds for appeal, even if considering the fact that the Defendant stated that there was a mistake in recognizing the Defendant’s crime in the lower court, it would not be deemed that there was any special circumstance to change the sentencing of the lower court after the lower court’s judgment or any change in circumstances, and thus, it cannot be said that the lower court’s sentence is unreasonable.

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