특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
The 77-day days under confinement prior to the pronouncement of this judgment shall be included in the penalty of the original judgment.
1. In light of the gist of the grounds for appeal: (a) the Defendant reflects the mistake through confinement life; (b) the amount of damage by case is small; and (c) the family members who need to look at and live in good faith in the future; and (d) the Defendant’s imprisonment with prison labor for two years sentenced by the lower court is too unreasonable.
2. In full view of all the circumstances revealed in the instant case, such as the number and method of the instant crime, Defendant’s age, character and conduct, environment, and circumstances after the instant crime, since the Defendant was sentenced to one year of imprisonment with prison labor, and was released from prison, the Defendant’s allegation is without merit, given that the Defendant’s punishment imposed by the lower court is deemed appropriate.
3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that there is no reason to reject it, and Article 57 of the Criminal Act applies mutatis mutandis to 77 days of detention before the pronouncement of this judgment, and is so decided as per Disposition by the court below.