특수절도등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.
B. However, in full view of various circumstances, including the Defendant’s age, criminal history, background of the crime, and circumstances that are favorable to the Defendant, the lower court’s punishment is too unreasonable even if considering the aforementioned circumstances favorable to the Defendant, even if it were to be considered in light of the following: (a) the Defendant’s 6 times or less of the crime and the nature of the crime is very not good; (b) the value of stolen objects reaches KRW 40 million; (c) the victims did not agree with the victim; and (d) the damage was not recovered at all; and (e) the Defendant’s age, criminal history, and circumstances
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.