대구지방법원 2016.03.31 2015노4897



The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible to the punishment sentenced by the lower court (one year of imprisonment).

2. The fact that the defendant's judgment reflects his fault is favorable to the defendant.

On the other hand, each of the crimes of this case committed by intrusion upon another person's residence over several occasions and committed or attempted a larceny, and the nature of the crime is not less than that of the crime, and the Defendant committed the crime of this case even though he had been convicted of suspended execution due to the same kind of crime, etc., which is disadvantageous to the Defendant.

In light of the above circumstances and the defendant's age, sex, environment, motive, means and consequence of the crime, various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the circumstances after the crime, and the results of the application of the sentencing guidelines of the Supreme Court Sentencing / [the types] the basic area (1 to 2 years and 6 months) (no person subject to special sentencing] [the scope of recommended punishment] / [the scope of recommended punishment] basic area: the court below's punishment is too unjustifiable and unfair, considering the following factors: one year to 2 years and 6 months, etc., so the prosecutor's aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.