특수절도등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (long-term 2 years, short-term 1 year imprisonment, and fine 300,000 won) is too unreasonable.
2. The determination of sentencing is based on statutory penalty, and the discretionary determination is made within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.
In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant as an element favorable to the sentencing in the trial of the lower court have already been presented during the oral proceedings of the lower court, and there is no particular change in the situation in the sentencing criteria after the sentence of the lower court was rendered.
Recognizing each of the crimes of this case, the Defendant would not again refrain from committing the crime.
It is necessary to consider the balance between punishment and edification for the defendant who is a juvenile of the age of 16 and his edification, such as that part of the damaged items were returned to the victim F, and that the victim F is returned to the victims.
The fact that it appears is favorable to the defendant.
However, the defendant has a record of having received juvenile protective disposition several times for the same crime, and in particular on May 23, 2017.