특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of two years and six months, and the fine of two hundred thousand won) is too unreasonable.
2. Determination
A. The lower court, under the unfavorable circumstances against the Defendant, took into account that the Defendant, who had been punished at least eight times (two times of suspended sentence, six times of suspended sentence) due to the same thief crime, did not have been released after having completed the execution of a sentence due to habitual larceny, and thus has repeatedly committed the same thief by repeatedly driving the thief with a license without license and carrying the goods, and thus, there is a high possibility of criticism in light of the severity, method of crime, and frequency of crime.
In addition, the lower court, under favorable circumstances for the Defendant, found the Defendant to have committed a crime against his or her wrong act, and appears to have committed a crime against his or her life after the discharge, and the amount of damage is relatively significant.
Among the damaged goods, it is difficult to see, and three parts of the bean oil were seized.
In addition to the above various circumstances, the lower court sentenced the Defendant to the punishment by comprehensively taking into account the following factors: (a) the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of each of the instant crimes, and the circumstances after the commission of the crime; and (b) all of the sentencing factors specified in the records and arguments.
B. Such sentencing by the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the circumstances related to sentencing as shown in the proceedings of the instant case, and the circumstances alleged by the Defendant in the trial of a party are sufficiently considered in the lower court’s determination of punishment.
Unlike the fact that the defendant did not reach an agreement with the victims, there are special changes in circumstances that could change the sentencing of the court below, or there is no circumstance to consider that the sentencing of the court below is unfair.
The sentencing of the defendant is unfair.