절도
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (public prosecutor) is that the sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.
2. Determination is an unfavorable circumstance that the Defendant committed the instant crime during the period of repeated crime due to the instant larceny, that the damage from the instant crime has not been recovered, and that the Defendant had been punished for the larceny several times, etc.
On the other hand, there is no significant damage caused by the instant crime, and it is more favorable that the risk of the instant crime is relatively high.
In full view of these circumstances and all of the sentencing conditions in the instant argument, the lower court’s punishment cannot be deemed unfair as it is too unfasible.
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.