절도등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The circumstances to be considered, such as the Defendant’s refusal to commit the instant crime, are recognized.
However, the distance of the defendant's driving without a license is reasonable, and the amount of the stolen damage is also low.
As it is impossible to do so, the liability of the defendant cannot be considered to be less narrowly.
In addition, the Defendant did not agree with the thief victim or did not recover the damage.
In particular, the defendant committed the crime of this case again during the period of repeated crime due to theft crime, and has been punished several times due to the larceny crime or unauthorized driving crime.
Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
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.