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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;
2. The fact that the Defendant recognized his mistake and reflects the fact that the Defendant was aware of the victim at the scene of the crime and the damaged goods were recovered immediately, the Defendant appears to have committed the instant crime in a state that he did not have the ability to either determine the intention or to discern things with extreme disorder, military register barriers, etc., and the fact that the Defendant is old and is not suitable for health is favorable.
However, there are 17 criminal records for the defendant, and the sentence of the same kind of law has been completed 15 times even before and after the completion of the final sentence, and the defendant committed the crime in this case again for a period of 4 months, it seems that there is a high risk of recidivism in light of the defendant's criminal records and the circumstances of the crime, and the victim also wishes to punish the defendant.
On the other hand, if there is no change in the conditions of sentencing compared with 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, Jul. 23, 2015). The sentencing criteria based on the premise of Article 5-4 (6) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 13717, Jan. 6, 2016) are not applicable to all of the sentencing conditions recorded in the records, such as the defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, the method and consequence of the crime, etc., as the Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717, Jan. 6, 2016.
In the instant case where there is no particular change in the original judgment and the sentencing conditions, it is not recognized that the sentence determined by the lower court by considering all the above sentencing conditions is too unreasonable.
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