상습절도
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to eight million won) is too uneasy and unfair (the prosecutor stated his opinion that the Defendant should be punished by imprisonment with labor for two years). 2. Determination on the following grounds: (a) the sum of the amount stolen by the Defendant is a small amount of 28,500 won; and (b) Gwangju has been recognized as having committed a crime because of the fact that the Defendant committed a separate crime without proceeding as planned.
In addition, as the court below explained in its reasons for sentencing, the defendant was sentenced to a suspended sentence of three years on July 3, 2013 to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Gwangju District Court on July 11, 2013, and the above decision became final and conclusive on July 11, 2013. As long as the above legal provision was judged to be unconstitutional, the cancellation of the suspended sentence by sentence by sentence of imprisonment with prison labor for the crime of this case commenced at the time when two years have passed since the suspended sentence became final and conclusive on July 3, 2013 seems to be too heavy punishment, and the high amount of fine alone can prevent the possibility of recidivism.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.
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.