특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. The statutory penalty of the instant crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment with prison labor for life or for not less than three years; the lower court’s sentence is the maximum sentence determined by choosing a limited term under the said statutory punishment, reducing it, and cannot be sentenced to a suspended sentence under the law against the Defendant who committed the instant crime during the period of repeated crime; thus, it is difficult for the lower court’s sentence to be too unreasonable
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, it is clear that Article 330 of the Criminal Procedure Act has been omitted in the application of the laws and regulations of the court below, "Article 330 of the Criminal Procedure Act", and therefore, it shall be corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.