beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The sentence of imprisonment (two years of imprisonment) by the lower court is too unreasonable.
2. Determination
A. The relevant legal doctrine is an unreasonable sentencing case where the sentence of the lower judgment is too heavy or too minor in light of the content of the specific case.
In cases where there is no change in the conditions of sentencing compared to the original judgment, or the sentencing of the original judgment does not deviate from the reasonable scope of discretion, the appellate court is reasonable to respect the sentencing of the original judgment.
On the other hand, in a case where it is deemed that the sentencing judgment of the court below exceeded the reasonable limit of its discretion when comprehensively considering the factors and sentencing criteria that are the conditions of the sentencing as shown in the court below’s sentencing process, or where it is deemed unfair to maintain the sentencing judgment of the court below in full view of the materials newly discovered in the appellate court’s sentencing process, the appellate court shall reverse the unfair judgment of the court below.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The sentence of the lower court, which returned to the instant case, is too unreasonable in light of the content of the specific case.
1. The court below: (a) committed the crime of this case repeatedly several times from the time one month has not passed since the defendant was sentenced to multiple punishment for the same crime; (b) the defendant did not endeavor to recover damage; and (c) most victims want to punish the defendant; (d) the family register to prevent recidivism of the defendant; and (e) the social relationship with the defendant is not clear; (b) the defendant shows a way to recognize and reflect all of his mistake; (c) the defendant appears to have reached the crime of this case in an economically difficult situation; and (d) some of the damaged items were returned.