절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is improper because it is too unfasible to the sentence imposed by the court below on the defendant (for four months of imprisonment and two years of suspended execution).
2. The judgment of the accused is highly likely to be subject to criticism by committing the instant crime without being subject to criminal punishment more than four times for the same crime.
In addition, the damage caused by the instant crime was not recovered.
However, on the other hand, the defendant shows an attitude against the defendant's wrongness, and the damage caused by the crime of this case is relatively minor.
In addition, the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol.
Considering the above conditions unfavorable or favorable to the defendant, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the prosecutor's assertion above is without merit, since the sentence imposed by the court below is too unfasible and it does not seem unfair.
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.