Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 4 million won imposed by the court below) is too unreasonable.
2. As to the grounds for appeal, there are extenuating circumstances, such as the fact that the Defendant made a confession of the crime and expressed the intent of reflectivity, that the health condition is not good due to alcohol addiction, etc., and that the remaining crime of this case is deemed to have been committed with economic difficulty as a recipient of the basic living environment, and that the damaged goods have been immediately recovered.
However, upon examining the facts that the Defendant had been punished several times for the same type of crime, and on October 2, 2014, the Defendant was sentenced to larceny on November 13, 2014, which became final and conclusive on the two-year suspended sentence on the grounds of larceny on October 2, 2014, and was sentenced to a summary order of a fine of KRW 1 million during the suspended sentence, and the Defendant again committed the instant crime during the suspended sentence period, and examining the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is appropriate, and it is not deemed unreasonable to determine the sentence.
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.