The defendant's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) presented a statement of reasons for appeal on October 27, 2020, stating that “the Defendant committed the instant crime was committed in the state of mental or physical loss or mental or physical weakness (e.g., the Defendant committed the instant crime under the influence of alcohol or in the state of mental or physical weakness).” However, on the first trial date of the first trial, the Defendant explicitly withdrawn his claim for mental or physical disorder by stating that “The Defendant was under the influence of alcohol at the time of the instant crime, but was under the influence of alcohol at the time of the instant crime.”

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Judgment

The Defendant recognized the instant crime, and went against himself, and the Defendant was committing the instant crime once.

The amount that the defendant stolen is relatively large as 200,000 won, and the court below agreed to pay 60,000 won to the victim, and the victim does not want to be punished against the defendant.

The defendant is under the real name of the left eye so that it is necessary to perform an extraction operation, and there is symptoms of melting the right eye, etc.

Such circumstances are favorable to the defendant.

However, the crime of this case is committed at night by opening the entrance door of the store which is locked and opened by force by putting it over several times, and then taking cash out within the payment period.

In light of the fact that a theft was committed and the criminal defendant committed a crime in a similar way, it is not good that the crime is committed.

From around 2004, the Defendant was punished nine times as imprisonment with prison labor due to the same larceny crime, and the Defendant was not habitually punished during the period of repeated crime for which three months have not passed since the execution of the last sentence was completed on February 28, 2020.

The defendant was at the end of March of the day when the crime of this case was committed, but the defendant was at the end.