특수절도등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and ten months of imprisonment, fine of 300,000 won, confiscation) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. A favorable circumstance is that the Defendant’s mistake and reflects the Defendant’s mistake, that the amount of damage caused by the thief crime is not significant, and that the damaged goods were returned to the victim, and that some of the victims agreed with the victim.
On the other hand, the defendant has been punished several times for the same crime, and in particular, on May 30, 2013, the defendant committed each of the crimes of this case at least three months since he/she was sentenced to imprisonment with labor for a special robbery by the Gwangju District Court for two years and six months, and completed the execution of the punishment. In light of the above defendant's records and the contents of the crime of this case, the defendant's past records and the crime of this case, it is disadvantageous to the defendant.
In addition, in full view of the background of the instant crime, circumstances after the instant crime, Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines of the Supreme Court sentencing committee, the lower court’s punishment is too heavy or unreasonable, and thus, the aforementioned argument by the Defendant and the Prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.