특정범죄가중처벌등에관한법률위반(절도)
The appeal is dismissed.
The grounds of appeal are examined.
Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on “Habituality” in the crime of violation of the Act on the Aggravated Punishment, etc.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.