beta
Text
The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The Defendant appears to have recognized the instant crime and is in profoundly against the Defendant.
There are circumstances that may be considered favorable to the defendant, such as the fact that there was no criminal record or a suspended sentence of the same criminal record or a criminal record, the social relationship appears to be clear, and the fact that it appears to have resulted in the crime of this case in order to first settle other debts that have been born due to the managerial difficulties of the company operating
However, the court below seems to have determined the punishment in consideration of all the above circumstances, and it is difficult to find any change in the sentencing conditions in the past.
In full view of the above circumstances, comprehensively taking into account the following circumstances: (a) the value of the machinery disposed of by the Defendant by the instant crime reaches KRW 200 million; (b) the victim was not recovered from damage; and (c) the victim was still punished against the Defendant; and (d) the lower court’s punishment was the lowest out of the scope of the recommended punishment according to the sentencing guidelines; and (b) other various circumstances that are the conditions for sentencing indicated in the record, such as the Defendant’s age, sex, environment, family relationship, means and consequence of the crime; and (c) the circumstances after the crime, the lower court’s punishment against the Defendant is unreasonable and excessive.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.