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Defendant
All appeals by prosecutors are dismissed.
Reasons
The summary of the grounds for appeal: The sentence of the court below (one year and six months) is too unreasonable in consideration of the circumstances such as the fact that the wife of each of the defendant's improper sentencing is living together with the cancer of the defendant, the fact that the defendant has caused the crime of this case in an economically difficult situation, his depth of the crime, and the victim does not want the punishment of the defendant.
In light of the fact that the Defendant was sentenced to a punishment equivalent to 12 years in total, even though he was under suspension of the execution of the same crime, even if he was sentenced to three previous criminal records of the same kind, the Defendant committed the instant crime, and that it is highly likely that the Defendant might commit violent crimes, such as robbery and quasi-Robbery, even if he was unable to live as a result of his completion of the execution of the sentence, the lower court’s sentence is too unreasonable.
Judgment
In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of the discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Examining the record in light of the aforementioned legal principles, the reason for the illegality of sentencing asserted by the Defendant and the Prosecutor is already considered in the lower court’s determination of punishment. In full view of the aforementioned circumstances and other factors, including the Defendant’s age, sex, sex, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, and the scope of recommended sentencing according to the sentencing guidelines set by the Supreme Court’s sentencing committee, including the following circumstances, the lower court’s sentencing was made within the reasonable scope of the discretion, and thus, it is reasonable to respect the foregoing.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.
Therefore, the appeal by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.