절도
The defendant's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) ① (the summons of the defendant’s office at the time, ② the defendant was faced with difficulties in setting the living expenses and hospital expenses, ② the defendant was working as an environmental U.S. source despite the inconvenience of the defendant’s mother's mother, and agreed to pay 2 million won to the victim. ③ The crime of this case was committed in five years, and the defendant was now in his occupation as a tree and is scheduled to marry immediately, the punishment of the court below (6 months of imprisonment) is too unreasonable.
Judgment
The defendant asserted the above circumstances from the court below, and seems to have been punished by considering such circumstances in the court below.
The fact that the defendant is against the defendant and the mother of the defendant's mother has agreed to pay 2 million won to the victim at the investigation stage (the evidence records of 83-85 pages, 20-21 pages) are favorable circumstances.
However, in the year 2012, the Defendant was arrested at around January, 2017, and used 2.2 million won as living expenses and entertainment expenses (Evidence record 67,78), designated as the instant crime, and the Defendant had been punished by imprisonment with prison labor or suspended execution due to larceny, fraud, etc., and in particular, the Defendant committed the instant crime during the period of the repeated crime after being sentenced to six months of imprisonment with prison labor for fraud in 201, taking into account the following factors: (a) the Defendant’s age, sexual behavior, environment, circumstances after committing the instant crime, etc.; (b) the lower court’s punishment is determined within the discretionary scope of sentencing; and (c) the Defendant’s punishment is appropriate and unreasonable by taking this into account the following factors: (a) the Defendant’s act was committed during the period of the repeated crime; and (d) the Defendant’s punishment is determined within the discretionary scope of sentencing.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.