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The defendant's appeal is dismissed.
Reasons
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (three years of imprisonment) shall be too unreasonable;
2. Determination of the Defendant is recognized as a favorable sentencing factor, such as the fact that all of the instant crimes were led to the attitude of reflecting one’s own will while making a confession, that part of the larceny damage was temporarily returned, that was old and difficult to live.
However, even though the Defendant had been sentenced several times due to the larceny crime, it is also recognized that the Defendant committed the larceny of another person's property over several times within the repeated crime period after the execution of the final sentence was completed, and that the Defendant interfered with the business of the main office twice, and that the nature of the crime is very poor, and that there is no injury to the victims except for the case where some of the damaged items have been temporarily returned.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and it is too unreasonable.
Therefore, the defendant's assertion 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 ground that it is without merit. It is so decided as per Disposition.
[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, among the judgment of the first instance court in accordance with Article 25(1), the second sentence of imprisonment with prison labor and one year and six months shall be sentenced, and on February 5, 2009, the same court in the same court as of February 5, 2009 shall be sentenced to imprisonment with prison labor and one year and six months for a crime, etc., and on February 5, 2009, the Changwon District Court shall dismiss the same crime, etc. as the same crime)