특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years) imposed by the court below is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments of the instant case, even if considering the circumstances asserted by the Defendant as the grounds for appeal, the lower court’s punishment is too unlimited and it does not seem to have exceeded the reasonable scope of discretion, even if considering the circumstances asserted by the grounds for appeal.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.