Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (unfair sentencing) is too unreasonable because it is too unreasonable for the Defendant (six months of imprisonment and two years of suspended sentence) to be sentenced.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects his mistake, that the Defendant did not have any record of punishment for the same crime as the instant crime, and that the profit acquired by the Defendant from the instant crime appears to considerably fall short of the appraisal of the instant machinery, etc.
On the other hand, the Defendant’s crime of this case goes against the duty to keep the object in accordance with the purpose of security for repayment of debt, and sells the machinery of this case, etc. to the scrap metal businessman at will, and such crime cannot be deemed to be light, and the Defendant did not reach an agreement with the victim, etc. is disadvantageous to the Defendant.
Considering the above circumstances and other circumstances, such as the Defendant’s age, sexual conduct, environment, relationship with the victim, and circumstances before and after the crime, the sentencing conditions specified in the instant records and arguments, the lower court’s punishment is deemed appropriate as a punishment that falls within the scope of the discretion of sentencing.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.