특정범죄가중처벌등에관한법률위반(절도)등
The prosecutor's appeal is dismissed.
1. The sentencing of the court below (two years and six months of imprisonment) is too unhued and unreasonable.
2. Determination
A. The Defendant has several previous charges and sentences, and the Defendant has committed the instant crime during the period of the same repeated crime, and the responsibility thereof is not less than that of the head of the Si/Gun/Gu, so it is necessary to strictly punish the Defendant.
B. Meanwhile, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of a mistake, the agreement with some victims has been made, and the result of serious damage has not been caused, such as punishment of a person who was not the victim.
In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and motive of the crime, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.