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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant, as a recipient of basic living environment, has no record of being sentenced to imprisonment with prison labor and that there was no record of being sentenced to a bad condition of health, and that the Defendant committed all the instant crimes late later, and is against the depth of mistake, it is unfair that the lower court’s punishment (ten months of imprisonment and two years of suspended execution) is too unreasonable.
Defendant
In addition, the defense counsel explicitly withdraws the assertion of mistake of facts on the second trial date.
B. Considering the fact that the Defendant, who had been punished several times due to the crime related to the same violence as the instant case by the public prosecutor, repeatedly committed each of the instant crimes and thus, the risk of repeating the crime is considerably high, and that the circumstances after the crime are not good, such as denying the crime, etc., are also unreasonable.
2. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, 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, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of the sentencing stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are deemed to have been fully considered when determining the punishment in the court below. The circumstances alleged by the defendant and the prosecutor are likely to have already been considered, and no new sentencing data that could change the sentence in the court below was submitted, except for all the crimes of this case which were denied in the court below at the time of the trial. Other factors such as the defendant's age, character, character, environment, criminal record, motive, means and consequence of the crime, etc.