특정범죄가중처벌등에관한법률위반(절도)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. The Defendant: (a) committed a theft of, or attempted to commit a theft of, property of KRW 9 million in total over 70 times during 5 months by destroying and damaging corrective devices in restaurants, etc. and stealing money and valuables; and (b) in light of the period, frequency, method, etc. of the above crime, the Defendant is highly likely to be subject to criticism against the instant crime.
The Defendant had been sentenced several times due to the theft of the same law, and in particular, on June 22, 2010, sentenced two years and six months to imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and began to commit the instant crime of the same kind only for three months from that date, despite the fact that the enforcement of the sentence was completed on November 6, 2012 and was in the period of repeated crime.
The defendant did not agree with the victims or have recovered from the damage.
These circumstances are disadvantageous to the defendant.
On the other hand, the circumstances favorable to the defendant are that the defendant recognized all of his criminal acts, and the defendant's living appears to have caused the crime of this case because he could not live in the state of economic difficulties after being released.
In addition to these points, in full view of all the sentencing conditions as shown in the arguments in this case, including the age, character and conduct, intelligence and environment of the defendant, and the circumstances after the crime, the sentence imposed by the court below within the scope of the recommended sentencing guidelines is too minor.
It is not recognized that it is improper or unfair because it is large.
3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.