특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.
Judgment
Examining the various sentencing conditions of the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the victims do not want the punishment of the Defendant by mutual consent with the victims; (c) the victims do not want to be punished; and (d) the Defendant committed the instant crime while having suffered economic difficulties as a mentally handicapped person of Grade III with the mental retardation.
Meanwhile, the crime of this case is an unfavorable circumstance to the defendant, in light of the following: (a) the defendant was sentenced two or more times to habitually larceny and was sentenced to imprisonment on at least two occasions and the execution of the sentence is completed; (b) larcenys and tobacco 3 A in the vehicle owned by the victim D; and (c) thefts cash inside in the inn where the victim G was located; and (d) the nature of the crime is not good in light of the circumstances and method of the crime; (b) the defendant had been sentenced several times of punishment for the same thief; and (c) the defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on December 13, 2013 and committed again the crime of this case in the same kind for seven months or less even during the period of the punishment after the termination of the sentence on October 24, 2016.
As above, comprehensively taking into account all the sentencing factors favorable to or unfavorable to the defendant, including the defendant's age, sex and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., as well as all the sentencing conditions indicated in the record and the theory of changes in the sentencing, and the lower court appears to have sentenced the defendant to two years of imprisonment within the recommended range of punishment (one year and six months to three years) set forth in the sentencing guidelines, and there are special circumstances or changes in circumstances that may reduce the sentence of the lower court in the trial.