특수절도등
The defendant's appeal is dismissed.
The main point of the grounds for appeal is that the sentence of the lower court (one year and three months of imprisonment, confiscation) is too unreasonable.
Judgment
The substantial amount of precious metal that the defendant stolen was returned to the Victim K.
However, since the Defendant was punished twice as punishment for the same crime, five months have not yet passed after the Defendant was released from the prison, it is not recognized that the lower court’s punishment is too unreasonable, considering the following factors: (a) the Defendant’s age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, except for the goods returned to the victim and seized at the investigation stage, there is no effort to recover the victims’ damage; and (b) the lower court’s punishment is too unreasonable.
Therefore, the defendant's argument of sentencing is without merit.
Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.