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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court’s punishment [one year of imprisonment and return (No. 52, 53, 92) to the victims’ name and unclaimed winners] is too 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). All of the crimes are recognized and the mistake is divided in depth, most of the victims were returned to the victims, the victims agreed with C, N, R, and M among the victims, the victims and the victims P sought a preference against the Defendant, and the family members wanting to have a preference against the Defendant.
However, the principal crime of the instant case is an unfavorable circumstance, such as the following: (a) the Defendant: (b) opened a home house by going beyond a fence or going through a parked vehicle at night; (c) cutting down precious metals and electronic equipment; and (d) stolen precious metals at a sobrying so that surveillance has been neglected; and (b) theft of precious metals from a sobry bank; (c) there is heavy criminal liability due to interview and very poor; (d) the total amount of damage exceeds KRW 30 million; and (e) the Defendant again committed the instant crime even if he had a record of having been punished for the same kind of crime under the same law, even if there was a record of punishment
The lower court determined a punishment in light of all the above circumstances, and submitted normal materials, such as the written application of the Defendant’s family members who wanted to have the Defendant’s wife in the trial. However, in light of the content, it cannot be deemed as a change in new sentencing conditions that could change the sentence of the lower court, as it has already been reflected in the lower court’s sentencing.
In addition, various circumstances such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc., and the sentencing conditions as shown in the present case.