Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.
2. It would be reasonable to recognize the Defendant to commit the instant crime, and to consider equity in the case where the instant case was adjudicated at the same time with the special injury crime, etc. as indicated in the judgment of the court below.
However, the crime of this case is committed in the same kind of crime even though the defendant had already been under the juvenile protective disposition two times after he was under the influence of committing violent crimes, and the quality of such crime is not weak.
The Defendant committed the instant crime even though he had been in the appellate trial due to a special injury of final judgment rendered by the lower court at the time of committing the crime.
In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.
In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.