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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.
Judgment
The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, 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, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including the fact that the Defendant recognized and reflects each of the instant crimes, and that part of the damaged goods were returned to the victim, was already reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that could change the sentence of the lower court in the final trial.
In addition to various circumstances, including the fact that the defendant had been punished several times including the previous case, and again committed each of the crimes of this case including the fact that the victim and the victim did not reach an agreement, the defendant's age, character and behavior, environment, family relationship, health status, criminal records and the contents thereof, attitude in investigation agency and court, crime quality, use of theft amount, motive, means and consequence of the crime, etc., the court below's sentence against the defendant is too unreasonable because it is too unreasonable to deem that the defendant's punishment exceeds the reasonable scope of its discretion.
Therefore, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.