야간건조물침입절도
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal is that the Defendant’s crime of this case was committed at night 14 times in total for a period of 3 months, and the total market value of 1,1190,00 won was stolen, and the crime was committed in light of the frequency, mode, and method of the crime, and the nature of the crime was not very poor in light of the frequency, mode, and method of the crime, and there was no recovery of damage by many victims. Thus, the lower court’s punishment (the term of imprisonment for 6 months, suspension of execution 2 years, and suspension of execution 40 hours) is too unreasonable.
2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The above circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below, and the defendant appears to have committed each of the crimes in this case with no criminal record at all times, and there was an attitude to reflect in depth as well as the fact that considerable damage was returned to the victims, and the circumstances that can be taken into account in the circumstances leading to each of the crimes in this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are taken into account, it cannot be recognized that the sentencing judgment of the court below exceeded the reasonable scope of discretion, because it is too unfford.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.