특수절도등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the crime of paragraph (1) of the original decision: imprisonment with prison labor for not less than three months and the crime of paragraphs (2) of the same Article: imprisonment with prison labor for not less than four months) of the defendant is too unreasonable.
2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was waiting to commit the instant crime; (b) the victim’s stolen money was returned to the victim I; and (c) the victim did not want to punish the Defendant; and (d) the facts constituting the instant crime under paragraph (1) of the holding of the lower judgment should take into account the equity between the case of rendering a judgment and the case
However, the Defendant again committed the instant crime even though he had a history of serving several times for the same crime, and in particular, the crime of intrusion upon residence and larceny as stated in paragraph (2) of the judgment of the court below did not constitute two months after having been released from the prison, and the victim F did not recover damage. In addition, comprehensively taking account of the Defendant’s age, character and behavior, environment, motive, means and consequence, and all of the sentencing conditions, including the following circumstances, the sentence of the court below is too unreasonable.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.