Text
The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the court below (a prison term of eight months, confiscation) on the summary of the grounds of appeal is too unreasonable.
2. The fact that the judgment of the accused recognizes and reflects the crime, and that the health of the accused is not good, etc. can be considered in favor of the sentencing.
However, the Defendant had a history of serving four times a sentence for the same crime, three times a suspended sentence, and the Defendant again commits the instant crime during the period of the same repeated crime, and the instant crime is highly likely to be socially malicious and repeated, and thus requires strict punishment. Considering the unfavorable circumstances, such as the Defendant’s age, sex, criminal records, motive and means of the crime, and the circumstances before and after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, 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 without merit. It is so decided as per Disposition.