특정범죄가중처벌등에관한법률위반(절도)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (e.g., a two and half years of imprisonment, and two years of imprisonment) of the lower court (e.g., a two and half years of imprisonment) is too unreasonable.
2. Determination
A. It is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared with the first instance court of the relevant legal doctrine, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment and to refrain from rendering a sentence that does not differ from the first instance court on the sole
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
Defendant
Defendant A’s decision on the assertion of unfair sentencing is a favorable condition for Defendant A to recognize and reflect his/her own mistake, have economic difficulties, and have family members to support.
On the other hand, in light of the background and method of the crime, etc., the crime is very poor, and even if there were the records of having been sentenced to imprisonment with prison labor several times for the same crime, each crime committed in the judgment during the period of repeated crime is committed repeatedly, and thus, the risk of recidivism is deemed high, and the damage is not completely recovered even though the amount of damage is considerable, etc., are disadvantageous to the defendant A.
Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances of Defendant A’s sentencing as above, and there is no circumstance to newly consider in the trial.
In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.
C. Defendant B’s decision on the assertion of unfair sentencing is to recognize and reflect Defendant B’s mistake, and economicly.