특수절도미수
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.
2. In full view of ① favorable circumstances, the lower court sentenced the Defendant to the same punishment as described in paragraph 1, comprehensively taking account of the following: (i) the Defendant committed the instant crime under a favorable circumstance; (ii) the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime under an attempted crime; and (iii) the instant crime was committed by means of realizing and intrusioning windows at night; and (iv) the nature of the instant crime was not good.
In full view of the above circumstances and other arguments and records, the sentencing of the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the Defendant, and there are no special circumstances to the extent that the above punishment is modified.
In the end, the defendant's argument of sentencing is not acceptable.
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.