야간건조물침입절도
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.
2. Determination
A. The crime of this case is a case of theft of cash by intrusion upon the restaurant of the victim at night even though the defendant had previous convictions of the same kind, and the nature of the crime is not somewhat weak.
B. Meanwhile, there are extenuating circumstances, such as the confession of the crime as 23 years of age and the depth of the confession, and the full amount of damage (200,000 won) deposited for the victim.
In addition, considering all sentencing conditions in the instant case, such as the Defendant’s living environment, motive, details and consequence of the crime, and circumstances after the crime, the lower court’s punishment is adequate.
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.