2. The judgment of the court below is against the defendant, the amount of damage is not more than 300,000 won in cash, and 2.50,000 won among them are deemed to have been returned to the victim, but the defendant is deemed to have been sentenced five times to the same crime, and the criminal defendant again committed the crime of this case during the repeated crime period. Nevertheless, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and background of the crime, method and consequence of the crime, and circumstances after the crime, etc., the punishment sentenced by the court below is too unreasonable, and the defendant's assertion

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, the court below's application of the law

1. The phrase “proviso of Article 42” as to aggravation of repeated crime is obvious that it is a clerical error.

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