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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. The instant crime, based on the judgment, is the so-called “thieishing crime,” and the Defendant entered the Republic of Korea for the purpose of committing a crime, and committed a theft of KRW 23 million in cash by entering the victim’s house to a financial institution of the scaming staff member. In light of the circumstances of the crime, the criminal liability is heavy, and the Defendant did not make any effort to recover the victim’s damage, and such circumstances are recognized as disadvantageous to the Defendant.
However, the circumstances favorable to the defendant are also recognized, such as the defendant's confession of the crime of this case and reflects his mistake in depth, the victim's small amount or some amount was returned, and the defendant is a foreigner of Malaysia's nationality who is 19 years old.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists an area unique to the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), and the unfavorable or favorable circumstances against the recognized accused do not constitute a special change in circumstances that can change the sentence of the lower court after the sentence of the lower court.
In addition, the court below's sentencing takes place within the reasonable scope of discretion, and it is appropriate that the court below's punishment is too heavy or it is alleged by the prosecutor as the defendant's assertion.