특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. In light of the following: (a) the gist of the grounds for appeal is confession and reflect of the Defendant; (b) the Defendant committed the instant crime contingent; (c) the Defendant was aware of the victim E (hereinafter “victim”); and immediately returned the wall to the victim, immediately after the victim gets out of the wallet; and (d) there is no substantial damage as it was returned to the victim; and (c) the Defendant is a person with a disability of Grade V in spine disability (one year and six months of imprisonment) the sentence imposed by the lower court is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, the Defendant has been punished several times for the same kind of crime, such as larceny (nine times of imprisonment, and one fine) in the past; in particular, on April 25, 2013, the Defendant was sentenced to four months of imprisonment for attempted larceny at the Busan District Court on July 27, 2013 and was under repeated period on July 27, 2013, even if the execution of the sentence was completed and was under repeated period, the Defendant committed the instant crime; the Defendant was sentenced to the maximum sentence to be mitigated considering the favorable circumstances of the Defendant; the Defendant’s character, conduct and environment; the background and result of each of the instant crimes; the circumstances leading to each of the instant crimes; and the circumstances leading to each of the instant crimes, etc. after the crime, and thus, the Defendant’s aforementioned assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.