상습절도
Defendant
All appeals by prosecutors are dismissed.
1. The gist of the grounds for appeal asserts that the defendant is too unreasonable because of the fact that the sentence of the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unhued and unreasonable.
2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and opposed to the fact that the amount of damage is not significant, and some of the damage was returned to the victim.
However, the fact that the defendant has been punished several times for the same crime, that he/she committed the crime of this case again during the same repeated crime period, and that he/she did not reach an agreement with the victim is disadvantageous to the defendant.
The lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the above-mentioned normal relationship and various grounds for sentencing asserted by the Defendant and the prosecutor, and there are no special circumstances to ex post facto change the sentencing. Therefore, the allegation of unreasonable sentencing by the Defendant and the prosecutor is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.