특정범죄가중처벌등에관한법률위반(절도)
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (one year of imprisonment with prison labor) declared by the court below, and the prosecutor asserts that the above punishment is too unfeasible and unfair.
2. The grounds for appeal by the Defendant and the Prosecutor are also examined.
While there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized and reflected, the victim D wants the defendant's wife, the amount of damage is minor, and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the defendant, was deleted through the amendment of the Act, and the defendant was punished through the amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes. However, the defendant has a history of criminal punishment several times for the same crime, but the defendant has a history of being subject to criminal punishment several times in the same crime, and there is a great risk of recidivism in that he/she committed the crime of this case without being aware of the period of repeated crime due to the same crime.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.