Defendant

In addition, appeal by the person who requested probation order is dismissed.

The court below rendered a judgment of conviction against a prosecuted case, dismissal of a prosecutor's request with respect to a request for attachment order, and a judgment of probation order with respect to a request for probation order.

Since then, only the defendant and the person who requested probation orders ("defendants") appealed against the defendant's case and the case of probation orders.

The title was changed by Act No. 16923 on February 4, 2020.

Notwithstanding Article 9 (8), there is no benefit to appeal against a defendant with respect to the case of request for attachment order, which is excluded from the scope of trial of the original court.

Therefore, only the defendant's case and probation order request are included in the scope of the trial of the court of the party.

2. The summary of the grounds for appeal (the part concerning the defendant's case) of the lower court's punishment is too unreasonable.

3. Determination

A. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below on the defendant's assertion (the part on the defendant's case), and the sentencing of the court below does not deviate from the reasonable scope of discretion, the appellate court needs to respect the sentencing of

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is difficult to deem that the sentence of the lower court is too unreasonable even if it considers the favorable circumstances for the Defendant, such as the existence of alcohol or mental disorder of the Defendant, which seems to have affected the instant crime, even though it is not limited to the degree of mental disability, and there are circumstances that may take into account the family relationship of the Defendant, etc.

① The Defendant was subject to criminal punishment for the same or similar crime; ② the Defendant committed the instant crime during the repeated crime period; ③ the Defendant committed the instant crime against the victims who have no parents; ④ the victims were under considerable mental impulses due to the instant crime; and ⑤ the recovery of damage.