특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. The sentencing of the court below (one year of imprisonment) is too unreasonable.
2. The judgment of the Defendant recognized the instant crime and reflects his mistake, and the amount of damage to the theft and fraud is relatively minor, and all of the larceny damage were returned to the victims, etc. are favorable to the Defendant.
However, the defendant has been punished not less than 11 times prior to the same crime, and in particular, there is a history of punishment again for the same crime within 3 years after the execution of the punishment was completed due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and there is a history of punishment again for the same crime, and the defendant leaves the same kind of crime within 5 days from the date of the discharge after completing the execution of the final punishment and the detention of the workhouse, and further commits fraud and assault crimes, it is inevitable to punish the defendant significantly.
Therefore, even if considering the defendant's age, health condition, and other various sentencing conditions, the sentencing of the court below cannot be deemed unfair because it is too inappropriate to reverse it.
Defendant’s assertion is without merit.
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.