특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (three years of imprisonment) is too unreasonable.
2. The fact that the defendant's mistake is recognized and against himself/herself, and the degree of damage caused by the crime is significant.
It is reasonable to consider that there is no reason to see that it is favorable to the defendant.
However, the instant crime committed by the Defendant habitually intrudes on the structure managed by another person two times, and thus theft of property is not good in light of the content and method of the crime, the risk of the act, etc.
Although the defendant had been already punished several times for the same crime, the defendant committed the crime of this case again during the period of repeated crime.
The damage was not recovered due to the crime.
Such circumstances are disadvantageous to the defendant.
In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, the sentence imposed by the court below is too unreasonable.
3. 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 groundless.