건조물침입등
The defendant's appeal is dismissed.
1. The lower court dismissed the prosecution against the Defendant regarding intimidation among the facts charged in the instant case, and sentenced the Defendant guilty on the remaining facts charged. Since only the Defendant appealed on the part of the lower judgment on the grounds of unreasonable sentencing, the part of the lower judgment dismissing the public prosecution which the prosecutor did not appeal was separated and finalized as it is after the lapse of the appeal period.
Therefore, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.
3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
4. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.