절도
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment is too unreasonable (one month of imprisonment with prison labor) and is unfair (the Defendant explicitly withdrawn all the remaining arguments except for unfair claims on the date of the first trial of the first trial of the lower court). 2. Compared to the first trial of the lower court, where there is no change in the conditions of sentencing, and where the sentencing of the first trial does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the Defendant recognized the instant criminal act is favorable to the Defendant.
However, in full view of such circumstances, the lower court also seems to have determined the sentence in consideration of the above circumstances, and there is no change of circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, there is no evidence that the Defendant had been punished several times including the punishment for the same kind of crime, and the victim wants to punish the Defendant, and other various circumstances that form the conditions for sentencing as indicated in the instant case, including the Defendant’s age, sexual conduct, environment, motive and background, means and consequence of the crime, circumstances after the crime was committed, damage amount, etc., it cannot be deemed that the lower court’s sentence that sentenced the lower court’s sentencing amounting to the recommended sentencing guidelines of the Supreme Court sentencing committee (from June to January 6) is too unreasonable.
The defendant's argument of sentencing is not accepted.
3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, it is ex officio, and the court below’s “applicable law” column “1. The pertinent law on criminal facts” is corrected as “1. The pertinent law on criminal facts and the choice of punishment”.