절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one hundred months of imprisonment) of the lower court is too uneasy and unfair (the prosecutor expressed his opinion that the Defendant shall be punished by imprisonment with prison labor for two years). 2. Determination is that the actual gains of the Defendant are not large, and three times of criminal punishment for the same kind of crime are subject to criminal punishment for the same offense, and that two times of which are related to the instant case, respectively, in 197 and 199.
It is difficult to see it.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, it cannot be deemed that the lower court’s imprisonment with labor for more than 10 months is too uneasible and unfair.
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.