절도
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Each sentence (Defendant A: Imprisonment with prison labor for one year and six months, Defendant B’s imprisonment for a year and two years of suspended execution, observation of protection, and community service for 120 hours in February) sentenced by the first instance court on the gist of the grounds for appeal (unfair sentencing) is deemed to be too uneasy and unfair.
2. In the instant case where there is no change in the sentencing conditions that may be specifically considered in the appellate court’s judgment, taking into account the various circumstances indicated in the column of “reason for sentencing” in the judgment of the first instance court, and other various circumstances, including the Defendants’ respective ages, sex, criminal conduct, environment, family relationship, motive, means, and consequence of the crime, it is difficult to view that each sentence imposed by the first instance court is too uneasible and unfair as it goes beyond the scope of the discretion for sentencing.
Therefore, the prosecutor's above argument of sentencing is not accepted (the collection under the Act on the Regulation and Punishment of Concealment of Criminal Proceeds is not an essential collection, but an arbitrary collection, and the judgment of the court of first instance did not sentence the above defendant to be collected in consideration of the various circumstances of the defendant B.
3. The prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.