야간건조물침입절도등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and four months, and the number of punishment No. 6) is too unreasonable.
2. Determination: (a) the Defendant recognized and reflected the instant crime; (b) appears to have committed the instant crime for the purpose of maintaining livelihood; and (c) some of the crimes were attempted or the amount of damage is relatively small, etc. are favorable to the Defendant.
However, in full view of the various sentencing conditions shown in the argument of this case including the fact that many defendants have the history of punishing the same kind of crime, repeated crimes of the same law during a short period, the damage has not been recovered, and there is no particular change in sentencing conditions compared with the original judgment, etc., the lower court’s punishment is too unreasonable, and thus, the above assertion by the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.