야간건조물침입절도등
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the defendant's punishment (one-month imprisonment and one-month return) declared by the court below is too unreasonable, and the prosecutor asserts that the punishment is too uneasible and unfair.
2. It is necessary to punish the defendant more strictly in that the defendant was subject to a juvenile protective disposition in the past several times due to the same crime, the victims have not been recovered from damage, and the defendant continues to commit larceny without going against the investigation process and the first instance trial.
However, considering the fact that the Defendant appears to recognize and reflect each of the crimes of this case, only the fact that the Defendant has been sentenced to a summary order by larceny, etc. one time in the year 2014 that the Defendant has yet to age and become an adult, and that the Defendant’s health is not satisfactory, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstances leading up to the crime of this case, the circumstances after the crime, the Defendant’s age, character and conduct, and environment, are considered, the sentence imposed by the lower court is deemed appropriate.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.