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The defendant's appeal is dismissed.
Reasons
1. The lower court’s punishment (one hundred months of imprisonment and fine of KRW 300,00) on the summary of the grounds of appeal is too unreasonable.
2. The following facts are favorable to the Defendant.
There are intellectual obstacles to the defendant.
The defendant's theft was confiscated and returned to the victim G, and the above victim does not want to be punished against the defendant.
The victim of a traffic accident does not want to be punished against the defendant.
On the other hand, the following is disadvantageous.
The defendant has a record of juvenile protective disposition and criminal punishment over several times due to theft, unlicensed driving, etc.
In 2016, the Defendant committed the instant crime during the period of repeated crime after having been sentenced to imprisonment for four months with prison labor for the crime of bodily injury.
Furthermore, even though the Defendant was tried [2017 order 375], the Defendant committed [2017 order 1215 order] and [2017 order 1486 order] crimes.
The defendant did not agree with the victims.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendant’s assertion is without merit.
3. 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 groundless.