특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. The judgment was based on the following facts: (a) the Defendant made a statement that he/she made a confession and reflects the crime of this case; (b) some of the damaged items were temporarily returned to the Defendant; (c) each of the crimes of this case was favorable to the Defendant; (d) the damage amount reaches 34 times, and is relatively large to KRW 16 million; (d) the Defendant’s theft of the vehicle parked by dracks, or dracks the fishing age through the victim’s house windows at night, and then steals the articles in the following way, or steals the articles in the fishing age through the victim’s house windows at night; and (e) steals the victim’s knife and breathing the knife, steals the kniff of the materials; and (e) there is no reason to punish the Defendant by intrusioning his/her residence at night; and (e) there is no reason to believe that the Defendant has been subject to suspended sentence more than five times due to the same kind of crime; (e.g., the Defendant’s character and behavior of the victim.
3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.