Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (a prison term of four years and six months and a fine of three hundred thousand won, confiscation) is too unreasonable.
2. The sentencing conditions that are favorable to the defendant include the fact that the defendant's mistake is divided, that the stolen one has returned to the victims.
However, the crime of habitual larceny of this case committed by the Defendant repeatedly commits the theft by means of a 'day' method while getting off the stolen one and driving ahead of it, and the nature of the crime is not good in light of the water law. The Defendant has already been sentenced four times due to special larceny, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes). Among them, three times is the crime under the same Act. The Defendant began to repeatedly commit the crime of this case at three days after the execution of the above final sentence was completed and released, and the Defendant constitutes a repeated crime, and constitutes a repeated crime, and Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes should be punished by adding up to two times both the long and short term of the statutory punishment and the statutory punishment should be imposed. In full view of various sentencing conditions such as the Defendant’s age, character and behavior, environment, the background of the crime of this case, and the circumstances after the crime, etc., the lower court should be deemed adequate and 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 since it is without merit. It is so decided as per Disposition.