절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.
2. The judgment of the defendant is that there are many persons who have been punished for the same kind of crime (five times of fine and one time of suspended execution). The crime of this case is committed during the period of suspended execution of the same crime, and the nature of the crime is very poor, and the defendant seems to be in danger of repeating a crime because he repeats the crimes under the same law.
On the other hand, the fact that the defendant recognizes all of his own crimes and reflects the depth, the amount of damage caused by the crime of this case is not significant, the defendant deposited money equivalent to the amount of damage, and the fact that the suspended execution judgment becomes invalid if he is sentenced to punishment due to this case is favorable to the defendant.
In full view of the above circumstances and other circumstances that led to the instant crime, including the background and motive leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, character and conduct, family relationship, environment, occupation, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation above is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.