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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and two months of imprisonment), and the prosecutor is too unfasible and unfair.
2. There is no change in the terms and 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed the instant crime without being subject to criminal punishment for 13 times due to the same criminal act, and constitutes a repeated crime of the same kind at multiple times, thereby committing the instant crime. The total amount of damage in the instant case was KRW 72 million, and the agreement with the victims or the recovery of damage was entirely not reached even in the name of the victims up to the depth of the case.
However, as stated in the judgment of the court below, the crime of this case is committed simultaneously with the crime of injury for which judgment has become final and conclusive, and the defendant was detained in the Vietnam detention house for about two months due to the crime of this case.
In addition, when comprehensively considering the age, occupation, family relation (the elderly parents and minor children to be supported) and the conditions of sentencing and the scope of the recommended punishment according to the sentencing guidelines, such as the circumstances after the crime (the long-term escape life after escape from the investigation to a foreign country during the investigation), as shown in the hearing of the court below and the party concerned, the punishment sentenced by the court below shall be appropriate, and it shall not be deemed unfair because it is too heavy or too unreasonable.
3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.