상습절도
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the theft of the victim H among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there was no violation of the principle of free evaluation of evidence by violating the
In addition, the ground of appeal that there is an error of law in the misapprehension of legal principles as to habituality in the judgment below is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the court below did not consider it as a ground of appeal.
In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.