특수절도등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
Along with the fact that all of the crimes of this case are recognized by the Defendant, there is no history of criminal punishment against the Defendant, that the Defendant agreed with the victim of the crime of property damage, that the Defendant appears to have caused the crime of personal aesthetic impression while coming to society at the age of the Defendant, etc., considering the favorable circumstances.
However, each of the crimes of this case committed against a victim with intellectual disability, resulting in personal and material injury, such as assault, bodily injury, theft, etc., on 27 occasions, and thus, the liability for each of the crimes of this case is not minor.
In addition, in relation to the above victim, the defendant committed the crime of property damage, joint injury, and missing children against the other victims during the trial.
The Defendant committed each of the instant crimes against the same victim repeatedly, and the victim seems to have suffered from mental suffering for a considerable period of time, and there is no agreement with the remaining victims or no recovery from damage until the trial is held.
In full view of the above favorable circumstances, the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances that are the conditions for the instant sentencing as indicated in the pleadings, such as the circumstances before and after the instant crime, etc., the lower court’s punishment is too heavy or unfasible, and thus, is not deemed unfair, and thus, the aforementioned assertion by the Defendant and the Prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit.