절도
The prosecutor's appeal is dismissed.
An application for compensation by an applicant for compensation shall be dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) against the Defendant is too uneasy and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new materials for sentencing have not been submitted in the first instance court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged as grounds for sentencing were already reflected in the sentencing grounds of the lower court. In full view of all other circumstances, the lower court’s sentencing is too unjustifiable and unfair as it goes beyond the reasonable scope of discretion.
The prosecutor's assertion is not accepted.
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 prosecutor's appeal is without merit. The application for compensation order filed by the applicant for compensation is not unreasonable in criminal proceedings because the scope of the defendant's liability for compensation is not clear. Thus, it is not reasonable to issue a compensation order in accordance with Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition.