절도
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of four months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.
2. The fact that the defendant recognized all of the crimes of this case and reflected, and the amount of damage is relatively insignificant to KRW 300,000,000, and the fact that the defendant agreed with the victim is favorable to the defendant.
However, the Defendant was subject to a disposition of suspension of indictment three times for the same crime, and the Defendant committed the instant crime in spite of the fact that he/she had been punished two times by a fine for larceny around February 2016 and March 2016, etc., which is disadvantageous to the Defendant.
In this case where there is no change in circumstances that could change the sentence of the court below since the above circumstances occurred in the appellate trial, considering the conditions of all the sentencing as shown in the record and the changed theory, the sentence imposed by the court below is too unreasonable and goes beyond the scope of reasonable discretion.
subsection (b) of this section.
Therefore, the defendant's assertion is without merit.
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.