야간건조물침입절도미수등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (two years of suspension of execution, observation of protection, community service order 120 hours, confiscation) of the summary of the grounds for appeal is deemed to be too uneasible and unreasonable.
2. Although there are extenuating circumstances such as the Defendant’s punishment for the same crime and the punishment for suspended execution two times, the Defendant’s misjudgments the Defendant’s fault, the value of the stolen goods is not so significant that the victims were returned all of the stolen goods, there was no criminal record for the same kind of crime since 2007, and other various sentencing conditions in the instant pleadings, such as the background of the instant crime, the circumstances after the crime, the Defendant’s age, sexual behavior, and environment, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the Prosecutor’s assertion is without merit.
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 appeal is without merit. It is so decided as per Disposition.