특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.
2. On the other hand, the fact that the defendant led to the crime of this case and reflects it is favorable for him to do so.
However, the crime of this case was committed by the defendant who stolen property through the gap in the victim's car, received cash services or withdrawn deposits using the stolen credit card during a long-term period of time, in light of the background, method, frequency, means and method of the crime, etc., the damage amount exceeds 35 million won, the damage amount is not recovered, the defendant did not receive damage recovery, two times the criminal records of the same crime, and other various sentencing conditions shown in the records and arguments, such as the defendant's age and behavior environment, circumstances before and after the crime, etc., it cannot be deemed unfair because the court below's punishment against the defendant is too excessive.
3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.