특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment sentenced by the court below (the imprisonment of three years, the mother and child, and the Snish confiscation) is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the fact that the Defendant was aware of and against the instant crime, that some of the crimes were attempted, that it appears that the Defendant committed the instant crime due to economic difficulties, such as supporting the Defendant’s child, and that the health conditions were not good due to depression and hepatitis C, etc. are favorable to the Defendant.
Meanwhile, the crime of this case is committed under the following circumstances: (a) the Defendant was habitually sentenced two or more times to larceny, etc. and habitually intrudes on the house of the victims seven years after the execution of the sentence was completed; (b) theft of KRW 8,725,00,00, including precious metals, cash, etc.; (c) theft of the victim has not been committed on three occasions; or (d) theft of the victim has not been committed on three occasions; (b) the nature of the crime is bad in light of the background, method, frequency, and amount of damage; (c) the injury has not been recovered even until the trial; (d) there was a number of theft records; and (e) the Defendant had been sentenced to imprisonment with prison labor for habitual larceny on July 24, 2015; and (e) on October 10, 2016, even if he was released during the period of repeated punishment, the Defendant committed the crime of this case, which is disadvantageous to the Defendant only five months, even though he was released from the prison.
As above, comprehensively taking into account all the factors of sentencing favorable or unfavorable to the defendant, such as the age, age, sex and environment of the defendant, family relation, motive and background of the crime, method of the crime, circumstances before and after the crime, etc., and all of the factors of sentencing indicated in the record and the theory of changes, etc., and the lower court also takes into account such factors of sentencing within the scope of recommended sentences (three years to four years) set forth in the sentencing guidelines.