특정범죄가중처벌등에관한법률위반(절도)
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the reasons for appeal is that the defendant asserts that the court below's punishment (two years of imprisonment, confiscation) is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.
2. The fact that the defendant recognized his mistake and reflected his fault, and some of the damaged goods were returned to the victim is favorable to the defendant.
On the other hand, the fact that the defendant has been punished several times due to the same crime, in particular, that the defendant committed each of the crimes of this case during the repeated crime period, and that he did not agree with the victims is disadvantageous to the defendant.
Considering the above circumstances and the Defendant’s age, sexual conduct, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable as it is too heavy in light of the sentencing conditions indicated in the record.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.