절도등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s punishment (two years of suspended sentence in the month of imprisonment with prison labor, observation of protection, community service work for 120 hours) is deemed to be too uneasy and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant committed the instant larceny and fraud in a short and repeated manner, and the instant victim reached 11 persons and did not have a total amount of 5.68 million won, and most of the victims did not agree with the victims are disadvantageous circumstances.
However, even though the defendant was subject to a protective disposition on several occasions due to theft, fraud, etc. as in the instant case, there is no record of criminal punishment other than fines, the defendant is against the recognition of each of the instant crimes, and the victim G does not want the punishment of the above victim under an agreement with the victim, the victim I and M, the father of the defendant paid the amount equivalent to the amount of damage to the victim I and M, the defendant committed the instant crime in a situation where economic difficulties arise due to the running of the defendant, and there are some circumstances that may be somewhat taken into account in the process of the instant crime, and the defendant seems to be 20 years old, and the defendant is likely to open to the young age of 20 years old.
In full view of the above circumstances, the lower court appears to have sentenced protection observation and community service order along with the suspension of the execution of imprisonment, and there is no change in the sentencing conditions that may be particularly considered in the first instance trial.
In addition, comprehensively considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, the lower court’s sentencing is deemed reasonable, and the lower court’s discretion is excessively unfeasible.