특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s sentencing (i.e., four years of imprisonment and fines of 200,000 won) is too unreasonable to have excessively omitted the entry of “the choice of fine” in the lower judgment regarding the unlicensed driving.
2. In light of all the circumstances, including the Defendant’s age, occupation, character and conduct, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence belonging to the sentencing range set by the Sentencing Commission is too unreasonable in the absence of any particular change in sentencing grounds after the sentence of the lower judgment, in light of the following: (a) the Defendant had a record of having been punished several times as to the grounds for appeal; (b) the Defendant committed the instant crime without being aware of the fact that he/she was committed in the same kind of crime even though he/she was in the period of repeated offense; and (c) the victim was a majority and the amount of
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.