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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The defendant appealed on July 29, 2020 on the grounds of unfair sentencing, and withdrawn the appeal on August 21, 2020.
The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unhued and unfair.
2. The crime of this case was committed in such a way as to put the Defendant’s fingers into the sexual organ of a woman-friendly her mother who was diving, and then stolen another’s property more than four times, and went away from the scene without taking necessary measures as to traffic accidents which conflict with another’s vehicle driving, while driving a motor vehicle not covered by mandatory insurance and destroying it.
In light of the details and methods of each crime, the scale of damage, relationship with the victim, etc., the court below took into account the following favorable circumstances: (a) the Defendant committed each of the crimes of this case while under suspension of execution, which are extremely poor in the nature of the crime; (b) the Defendant was punished for robbery, injury, and larceny; and (c) the Defendant committed each of the crimes of this case even during the period of suspension of execution; (d) the Defendant was fully admitted to all of the crimes; (e) the victim was deprived of punishment of the Defendant; and (e) a part of the larceny was recovered; and (e) the Defendant
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 en banc Decision 2015Do3260 Decided July 23, 2015). The sentencing of the lower court appears to have been appropriately determined by fully taking into account the aforementioned various circumstances, and there is no special change in circumstances that may be assessed differently from the sentencing conditions of the lower court up to the trial.
In addition to the above circumstances, the Defendant’s age, character and conduct, family relations, criminal records, and the motive, background, and details of the crime.