특수절도등
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal by the prosecutor is that the sentence (6 months of imprisonment and 2 years of suspended execution) of the court below, which sentenced the defendant, is too uneasy and unfair, in light of the following: (a) the crime of this case committed by the defendant, which intrudes on five occasions together with his accomplices, steals or attempted things; and (b) the nature of the crime is bad and the damage is not completely recovered.
In full view of the aforementioned circumstances as alleged by the prosecutor, the instant crime was committed simultaneously with a special larceny for which a judgment of suspension of execution has become final and conclusive (the Defendant’s crime of this case was committed in the same manner, and the Defendant was committed at the same time among three-time crimes, and the degree of participation is not severe in viewing the network in four-time crimes), and other various circumstances that are the conditions for sentencing, such as the Defendant’s age, degree of damage, etc., the sentence of the lower court cannot be deemed to be too unjustifiable and unfair.
Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.