특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
The defendant shall pay 929,800 won to an applicant for compensation.
The above compensation order shall be.
1. The summary of the grounds for appeal by the defendant is improper because the punishment imposed by the court below (six years of imprisonment and confiscation) is too unreasonable.
2. The judgment does not have any favorable circumstances for the defendant, such as both the criminal facts and the misunderstanding of one’s own mistake.
However, the Defendant’s total sum of KRW 93,90,000 and KRW 93,90,000,000, including the theft or attempted theft, is not good, and the Defendant committed the same kind of crime within the repeated crime after the completion of the execution of the final punishment despite having been punished several times of larceny, and the Defendant committed the same crime within the repeated crime period, and most of the damages have not been recovered to the trial. In full view of various sentencing conditions such as the Defendant’s age, character and behavior, environment, relationship with the victim, motive, means, consequence, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and the application for the compensation order of this case against the defendant shall be accepted pursuant to Articles 25 (1), 31 (1), (2) and (3) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc.
4. Ex officio rectification: Provided, That pursuant to Article 25 of the Regulations on Criminal Procedure, the original judgment shall be corrected as follows:
The judgment below
Summary of Evidence
6 9 of the 6th page “the present presence of any portable posture (Evidence No. 5)” is deleted.
B. Of the list of crimes in the lower judgment, the details of damage from the crime Nos. 100,00 won in cash, 30,000 won in cash, 830,000 won in total, 30,000 won in cash, 89,800 won in total, 929,800 won in cash, and 2 the date and time of the crime No. 12 of the No. 12 of the crime, i.e., between 26, 2013 and 02:0-07:00 on February 16, 2013, 200: