야간건조물침입절도등
The prosecutor's appeal is dismissed.
1. In light of the prosecutor’s grounds of appeal (unfair sentencing) the fact that the defendant can have the power of criminal punishment for the same kind of crime, etc., and that the damage recovery has not been made, the court below’s sentence that sentenced four months of imprisonment is too uneasible and unfair.
2. The lower court’s judgment recognized the Defendant’s mistake and against it, and the Defendant was sentenced to 10 months of imprisonment with prison labor on November 4, 2016, with prison labor on night-time building intrusion larceny, etc., in support of the Sugwon, and the judgment became final and conclusive on February 11, 2017. The crime of this case and the crime of this case, for which the judgment became final and conclusive, should take into account the equity with the case to be judged at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act. In addition, taking into account the circumstances alleged in the grounds for appeal, such as Defendant’s age, sexual behavior, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the lower court’s punishment is too unjustifiable and unreasonable, even if considering the circumstances alleged in the grounds for appeal, so the aforementioned assertion is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.