특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The sentence of the lower court (two years of imprisonment) is too unreasonable in light of the following: (a) recognizing the crime of the gist of the grounds for appeal and reflecting the erroneousness and the fact that the status of disability of class 3 of the intellectual disability is considered.
2. There is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its reasoning, determined a sentence against the Defendant by taking into account the unfavorable or favorable circumstances of the Defendant, as set forth in its reasoning.
The circumstances alleged by the Defendant were already considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.
In full view of all the sentencing conditions under Article 51 of the Criminal Act as shown in the hearing of the lower court and the party, the lower court’s punishment exceeded the reasonable bounds of discretion in sentencing, or is unfairly heavy, such as the grounds for appeal.
It does not seem that it does not appear.
Defendant’s assertion is without merit.
3. 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 for conclusion is without merit.