절도
The defendant's appeal is dismissed.
The costs of the original judgment and the trial shall be borne by the defendant.
1. The summary of the grounds for appeal is that the judgment of the court below is a case where the mistake of facts has affected the conclusion of the judgment.
The punishment prescribed by the court of the court below (3 million won) is too unreasonable because it is too unreasonable.
2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, it is just and acceptable for the court below to find the Defendant guilty of the facts charged in this case as stated in its holding.
We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.
There seems to be a situation where the defendant was aware of the unfair argument of sentencing, such as the aging of his or her parents.
However, the defendant's liability for larceny is not against the law.
There are a number of criminal records and three criminal records of the same kind.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the cost of lawsuit at the original instance and the party’s deliberation.
If an appeal is dismissed against the judgment of the court below which did not state any information on the order and reason as to the bearing of the costs of lawsuit, the appellate court may hold a trial as to the bearing of the costs of lawsuit by adding the costs of lawsuit to the costs of lawsuit of the court of first instance, and the burden of the costs of lawsuit shall not be subject to the principle of prohibition of disadvantageous alteration under Article