Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.
B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. In a case where 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). In light of the foregoing legal doctrine, the following circumstances are unfavorable to the Defendant: (a) Domination; (b) even though the amount of damage incurred by the instant crime was not so much; (c) a significant portion of the damage was not recovered from the trial up to the trial; and (d) the Defendant’s receipt of a letter from the victim
However, it is against the defendant's acknowledgement of the crime of this case and there is no record of punishment for the same kind of crime, the defendant paid to the victim KRW 13 million and partly recovered damage. The crime of this case is in the concurrent relationship between the first head of the crime of this case as stated in the judgment below and the latter part of Article 37 of the Criminal Act, which must consider equality with the case to be judged simultaneously.
The lower court appears to have determined the sentence in consideration of all the above circumstances, and there is no change in the sentencing conditions compared with the lower court on the ground that new sentencing materials have not been submitted in the trial.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and consequence of the offense, and the circumstances after the offense, etc., the sentencing of the lower court does not seem to be excessively heavy or unreasonable because it goes beyond the reasonable scope of discretion.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. In conclusion, each appeal filed by the defendant and the prosecutor is groundless, and Article 364 of the Criminal Procedure Act is not reasonable.