2017No3604 thief

A

Defendant

Freeboard (Public Trial Acting for Public Prosecutor, Acting for Public Prosecutor, Prosecution, and Park Jong-young)

Attorney H (National Assembly)

Seoul Central District Court Decision 2017 High Court Decision 2641 Decided September 18, 2017

January 26, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (300,000 won) is too unreasonable.

2. Determination

The circumstances favorable to the defendant are that the defendant is not healthy due to the birth in 1950, that there is no substantial damage due to the recovery at the site, that there is no actual damage, and that the defendant has committed the crime of this case by contingency.

However, it is reasonable to respect the sentencing of the first instance court where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In addition, there is no change in the conditions of sentencing compared to the lower court on the grounds that no new data on sentencing have been submitted at the appellate court. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., taking into account all the circumstances asserted by the Defendant, it cannot be said that the sentence imposed by the lower court is too excessive and goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung