Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment sentenced by the court below (six months of imprisonment), and that the prosecutor is too unfased and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Even though the Defendant stolen electric wires, etc. totaling KRW 8580,00,000, the Defendant did not recover from damage to the victims.

However, there is no specific criminal punishment except for the defendant who has been punished once as a fine for the same crime, and the circumstances alleged by the defendant and the prosecutor on the grounds of appeal appear to have been considered in the sentencing process of the original court, and there is no new change in circumstances that could change the sentence of the original court in the trial.

In addition, when comprehensively taking into account various sentencing conditions, such as the defendant's age, the background of bad growth, the motive of crime, and the scope of the recommended punishment according to the sentencing guidelines as shown in the deliberation by the court below and the party, the punishment sentenced by the court below cannot be deemed as being too heavy or unreasonable because it is too heavy.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.