특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (one year and six months) of the original judgment is too unreasonable.
2. The crime of habitual larceny of this case is a crime falling under Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act, and its statutory penalty is imprisonment for life or for not less than three years.
In this case where there are no other legal grounds for mitigation, even if a limited term of punishment is mitigated, the maximum sentence of the punishment for the above crime falls under one year and six months, and since the defendant cannot be sentenced to suspended sentence because he committed the above crime during the period of repeated crime, it is not legally permitted to sentence a more minor punishment or sentence a suspended sentence.
Therefore, the defendant's argument is without merit without further review.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.