야간건조물침입절도
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (three months of imprisonment) is too unreasonable.
2. The judgment appears to be against the Defendant’s mistake, and the victim’s punishment is recognized as favorable circumstances to the Defendant.
However, in full view of the fact that the defendant has been punished several times for the same crime, that he committed the crime of this case without being aware of the fact that he was under the period of suspension of execution for the same crime, that the court below seems to have determined the sentence in consideration of the favorable circumstances for the defendant, that there is no special circumstance or change of circumstances that can be newly considered after the sentence of the court below, and that there are other various sentencing conditions that are shown in the records and arguments, such as the age, character and character environment of the defendant, and the circumstances before
Therefore, the defendant's argument of sentencing is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.