특수절도등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (the maximum of eight months of imprisonment and the short of six months) is too unreasonable.
2. The following facts are favorable to the Defendant: (a) the fact that the Defendant recognized his/her misconduct as a juvenile and reflects his/her criminal history; and (b) there is no criminal history of juvenile protection
However, in full view of the following factors: (a) the frequency and amount of the instant crime; (b) the victims’ desire to punish the Defendant has not been withdrawn; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s sentencing is too excessive to exceed the reasonable scope of discretion, and thus, cannot be deemed unfair.
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.