Judgment

The crime of this case was committed by the Defendant, while serving as a measure for the collection of the staff of the Defendant who committed the said crime, and was discovered that the Defendant attempted to steals cash by intrusion into the victim’s house. In light of the background of the crime and the details of the crime, such as the manual, etc., the liability for the crime is grave, in light of the circumstances of the crime, and the method of the crime, the crime of Bosing appeared in intelligence as the method becomes more and more, and the social harm caused by the said crime is also serious, and thus, the circumstances against the Defendant are recognized as disadvantageous to the Defendant.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects his mistake in depth, that the crime of this case does not cause economic damage to the victim, that the defendant has yet to age, has no record of criminal punishment in Korea, that our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, has its own territory of the first deliberation as to the determination of sentencing, and that the sentencing has no change in the conditions of sentencing compared with the first instance court, and that the first deliberation sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the defendant are not equivalent to any special change of circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and considering all other circumstances, such as the defendant's age, sexual behavior, environment, etc., which are the conditions for the sentencing in this case, it cannot be deemed unfair for the court below's punishment against the defendant.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and it is so decided as per Disposition. However, it is in accordance with Article 25 (1) of the Regulation on Criminal Procedure.