절도등
All appeals filed by prosecutors and defendants are dismissed.
1. The summary of the grounds for appeal asserted that the prosecutor sentenced the defendant for four months of imprisonment with prison labor, and that the prosecutor asserts that the sentence of the court below is too unfasible and unfair, and that the defendant's punishment is too unreasonable.
2. The sentence is inevitable in light of the fact that a repeated crime is committed during the judgment period, and the accused has the same criminal record, the victims are those who have attained majority, and thus, have been suffering from considerable mental impulse or apprehensions, and the Defendant did not receive a letter from the victims, etc.
However, considering the fact that the Defendant’s depth and ability to recognize more considerably than the general public is deemed to have served as the cause of the instant crime, that the Defendant’s leakage and life together with the Defendant in the trial court, and faithfully led the Defendant, and that the risk of recidivism in light of the Defendant’s character and behavior, etc., the same type of recidivism does not seem to be significant. In addition, taking into account the various circumstances, such as the motive and background of the instant crime, the Defendant’s age, character and conduct, and environment, the sentencing of the lower court seems to be adequate.
3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.