절도등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal is that the punishment of imprisonment with prison labor of two years imposed by the court below is too unreasonable, and that the prosecutor is deemed to be too uneasible that the punishment of two years sentenced by the court below is too uneasible and unfair.
2. Although the Defendant is divided into the instant crime, there are several previous charges, and there was an agreement with the F of the thief victim (amounting to KRW 994,00) in the trial, but other damages have not been recovered.
The recommendation type of sentencing criteria shall be applied from June to May of one year when many standards for handling crimes are applied.
On the other hand, the court below decided the punishment by discretionary mitigation of statutory penalty.
In full view of the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., and the sentencing conditions indicated in the instant case’s records and arguments, even if considering the agreement with the victim F, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is