beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s sentence (2.00,000 won) against the Defendant is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
The crime of this case was committed on the part of the victim and stolen the property owned by the victims during the day when the victim was accommodated. In light of the contents of the crime, the liability for the crime is not less severe in light of the contents of the crime, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case even though he was punished for the same crime several times, and at the same time, he committed the crime of this case.
However, it is also recognized that the circumstances favorable to the defendant are favorable to the defendant, such as the fact that the defendant made a confession of all of the crimes in this case and reflects the mistake in depth, the victims wanted to take the defendant's wife by return of the damaged goods, and the defendant is in a situation where it is economically difficult to receive basic living.
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 sentencing of the court below is made within the reasonable scope of discretion, and the sentencing of the court below is appropriate. The sentencing of the court below is within the reasonable scope of discretion, considering the overall circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, etc.