절도등
All appeals by the defendant and the prosecutor are dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year and two months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment so unfased so that the Defendant was unreasonable.
2. Each of the instant crimes, based on the reasoning of appeal, are committed by the Defendant who intrudes on a restaurant, a shop, etc., and commits a theft or attempted theft by taking advantage of the gap in which the main supervisor’s surveillance was neglected, and thus, the method and content of the crime are inferior, the number of times and victims of the crime are not small, the number of victims and the number of victims are not small, and the crime of larceny was committed repeatedly in a short period without being aware of the fact that it was committed during the period of repeated offense of the same kind of crime, and the criminal record, including the punishment imposed for ten times by the same criminal record, reaches 18 times (one time of punishment among them), and repeatedly commits a larceny crime by several months after undergoing the investigation in the instant case No. 527 of the Highest 2017, and the damage was not recovered most.
However, the fact that the defendant reflects the defendant's mistake in depth, that the defendant suffers from rare diseases in both the inner and both sides, etc. are favorable circumstances.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.
The grounds for each appeal are without merit.
3. An applicant for a compensation order sought a compensation order of KRW 2 million, but the scope of Defendant’s compensation liability is not clear and thus rejected.
4. In conclusion, all appeals filed by the defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all appeals filed by the defendant and the prosecutor are without merit. Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is applied for compensation order filed by the applicant for compensation.