특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. The Defendant acknowledges all of the crimes, and reflects the wrongness.
The amount of damage caused by the instant crime is relatively little.
However, the crime of this case was committed by the Defendant by destroying the glass of the taxi parked at the night, or by intrusion on the apartment house 12 times in total, and the nature of the crime is very poor in light of the method, content, frequency, etc. of the crime.
In order to commit the crime, the Defendant prepared the ropes, divers, and fingers, and committed the crime on a planned basis.
The Defendant had been sentenced several times for the same type of crime, and in particular, even though he was sentenced to two years of imprisonment for the same kind of crime on May 25, 2017 and was released from prison, the Defendant began to commit the crime of this case again even during the period of repeated crime for three months after he was released from prison.
The defendant did not endeavor to recover damage from the victims, and did not receive suspicion from many victims.
In full view of the above circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, as well as the situation where there is no change in the sentencing conditions compared with the first instance court, and where the first instance court’s sentencing does not exceed the reasonable scope of discretion, it is unreasonable to respect them.
Therefore, the defendant's above assertion cannot be accepted.
3. In conclusion, 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.
However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the Act on the Aggravated Punishment, etc. of Specific Crimes, "Habitual Special Theft" in the 15th sentence of the lower judgment.