특정범죄가중처벌등에관한법률위반(절도)
All appeals by the defendant and the prosecutor are dismissed.
1. There is no change in the conditions of sentencing compared to the lower court’s determination on the unfair argument of sentencing between both parties, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). However, in the instant case, the grounds for sentencing asserted by the Defendant and the Prosecutor are deemed to have been sufficiently taken into account in determining the sentence, and there is no change in the conditions of sentencing compared to the lower court’s determination, since the new materials for sentencing were not submitted.
In addition, comprehensively taking account of the facts that the Defendant committed the instant crime more than 15 times within the period of repeated crime even though the Defendant had already been punished several times for the same type of crime as the instant crime, and on the other hand, a considerable number of victims is not the punishment of the Defendant, and the sentencing conditions indicated in the records and arguments, such as the fact that the lower court’s punishment against the Defendant is too heavy, or it does not deviate from the reasonable scope of discretion due to a softening.
The Defendant and the prosecutor’s assertion that the lower court’s punishment is unreasonable are all rejected.
2. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.