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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: The lower court’s imprisonment (two years and eight months of imprisonment) is too unreasonable.
2. The judgment shows the attitude of the defendant to recognize and reflect the crime of this case, the damage caused by the crime of this case is relatively minor, the defendant does not want the punishment of the defendant, and the parent of the defendant is aged and is living together, etc. are favorable to the defendant.
However, the crime of this case is a case where the defendant habitually steals 145,00 won in cash during the period of repeated crime, and the defendant has already been sentenced to imprisonment with prison labor for larceny, etc. on nine occasions. However, the criminal defendant committed on January 18, 2013 during the period of repeated crime was ordered to summary order of KRW 1,00,000 as larceny at the Seoul Eastern District Court on March 22, 2013.
(2013 high-ranking No. 2138). The criminal facts established in the above summary order against the defendant are not habitual larceny, but merely simple larceny. Even if the criminal facts revealed only in the instant case prosecuted after the above summary order was issued and the criminal facts established in the above summary order are considered to constitute a single comprehensive crime, it cannot be deemed that the res judicata effect of the above summary order is about part of habitual larceny of this case.
(see Supreme Court Decision 2001Do3206, Sept. 16, 2004). Since two months have not elapsed after being investigated by the police, it again led to the instant crime. The fact that the Defendant, including the instant crime, presumed that the method and attitude of the larceny, which the Defendant was committed, were presumed to be unreasonable, is the circumstances unfavorable to the Defendant.
Other records, such as the age, character and conduct, environment, motive and circumstances of the crime, means and results of the crime, and circumstances after the crime.