절도
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the Defendant did not commit the instant crime in a planned manner; the theft of the instant case was returned to the victim at the investigation stage; the Defendant did not have any past record of having been sentenced to the same kind of crime; and the Defendant suffers from diseases such as depression and anti-competitive disorder and is difficult to cope with the convict life. In light of the above, the sentence of the lower court (six months of imprisonment) is too unreasonable.
2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.
Before nine months have passed since the Defendant was recovered from embezzlement, the Defendant began to commit the instant crime, which constitutes a repeated offense.
In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.
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.