야간건조물침입절도
The defendant's appeal is dismissed.
1. The grounds for appeal (unfair punishment) by the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of probation and order to attend a lecture) is too unreasonable;
2. The lower court rendered a sentence within the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, by taking account of the favorable circumstances such as the Defendant’s confession of crime and the victim’s failure to want punishment, considering the unfavorable circumstances that the Defendant had the same type of crime.
The grounds for unfair sentencing alleged by the defendant appear to be the circumstances in which the court below imposed the defendant's punishment, and there are no circumstances to deem that the above sentencing conditions have changed in the appellate court, and it cannot be deemed that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion is not accepted.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.