특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
The sentence (three years of imprisonment) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
Judgment
Examining the various sentencing conditions of the instant case, the circumstances favorable to the Defendant include: (a) the fact that the Defendant appears to reflect the mistake while attempting to commit all the crimes; and (b) the arrest of the investigation agency and the fact that some of the crimes have been revealed
On the other hand, the crime of this case was committed by the defendant, from February 2, 2017 to June 2017, which committed a theft of money and valuables worth KRW 21 million over 22 times, including the following: (a) the crime of this case was committed several times in the past; (b) the crime was committed several times in the same crime; (c) the crime was committed again during the period of imprisonment with prison labor due to habitual larceny, etc.; (d) the damage was not recovered; and (e) the crime of this case was committed again during the period of imprisonment with prison labor on August 31, 2016; (e) the crime of this case was committed again during the period of imprisonment with prison labor; and (e) the arrest of the victims of this case was arrested until the arrest of the victim of this case; and (e) the social larceny relation was weak.
As above, comprehensively considering the following factors: (a) the Defendant’s age, sexual conduct and environment, family relation, health status, motive and background of the crime, means and consequence of the crime; and (b) various sentencing conditions as shown in the records and the previous theories, such as the circumstances before and after the crime; and (c) the lower court appears to have sentenced the maximum of three years of imprisonment within the statutory applicable sentencing range (three to fifty years), taking into account these sentencing conditions, and (d) there are no special circumstances or changes in circumstances that may change the sentence of the lower court in the trial; and (e) the sentence that the lower court rendered by the lower court is a proper scope of punishment according to the Defendant’s liability.