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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant led to confession and reflect on each of the instant crimes, and there is a reason to take into account the circumstances, such as the fact that the damaged goods of the instant crime were temporarily returned to the victim and the damaged goods were recovered.
However, considering the fact that the Defendant had been subject to multiple criminal punishment for the same crime, even though he had been sentenced to a prison punishment for the same crime several times, again committed the instant crime against the inmate, and did not receive a letter from the victim. immediately after the instant crime was committed, the Defendant need to strictly punish the Defendant, taking into account the following circumstances: (a) the Defendant escaped while being arrested by a police officer who observed the instant crime as a flagrant offender and was under hospitalized treatment after having escaped; and (b) was able to escape again and locked.
On the other hand, the circumstances alleged by the Defendant as an element of sentencing were already revealed in the hearing process of the lower court, and there was no new circumstance to change the sentence of the lower court in the trial.
In light of such circumstances and other factors as the Defendant’s age, character and conduct, environment, motive and means of a crime, and circumstances after a crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too big.
Therefore, the defendant's assertion is without merit.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.