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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant’s mistake is recognized, and that the Defendant appears to have grown from a bad family environment is favorable to the Defendant.
On the other hand, in light of the method of crime and the circumstances before and after the crime, etc., the crime is very poor, the victim wants to punish the defendant's severe punishment, the victim has a number of criminal records of the same kind, and the crime of this case repeatedly committed during the period of repeated crime, etc., which seems to be very weak in the criminal compliance consciousness of the defendant, and the fact that the defendant has not been absent on the date of the original trial several occasions, etc., and
Therefore, the court below determined the punishment within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the defendant, and there is no circumstance that can be newly considered in the trial.
In addition, comprehensively taking account of the various circumstances, such as the motive and means of the crime and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to be so excessive that the sentencing of the court below goes beyond the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.