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Defendant
In addition, all appeals filed by the person subject to attachment order, the person subject to probation order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person subject to a request for an attachment order and a person subject to a request for a probation order (hereinafter “Defendant”) are deemed to have been sentenced to imprisonment (35 years of imprisonment) by the lower court, too unreasonable. 2) As such, it cannot be deemed that the illegal Defendant of an attachment order is likely to repeat an offense, the attachment order issued by the lower court is unfair.
B. Prosecutor: The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unjustifiable.
2. Determination
A. Determination 1 on a case involving a defendant is based on statutory penalty and discretionary determination that takes place within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing under Article 51 of the Criminal Act. However, considering the unique area of sentencing of the first instance, respected under the principle of court-oriented trials and the principle of direct administration, and the ex post facto core nature of the appellate court, the sentencing of the first instance is deemed to have exceeded the reasonable scope of discretion when comprehensively taking into account the factors constituting the conditions for sentencing and the sentencing guidelines, etc. of the first instance court in the course of the appellate court’s examination, or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the newly discovered materials in the course of the appellate court’s examination of sentencing, it is reasonable to reverse the first instance judgment. Unless such exceptional circumstances exist, it is desirable to respect the first instance judgment (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). 202>
The defendant is just neglected in the process of interesting the value of the scrap metal with the victim, and the second step is met.