특수절도
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment of 10 months, 2 years of probation, 80 hours of community service, 80 hours of Defendant B: imprisonment of 8 months of probation, 2 years of probation, 80 hours of community service) is too unfied and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court. In full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem that the lower court exceeded the reasonable scope of discretion, as it is too unfluent.
3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.
(Ex officio in accordance with Article 25(1) of the Rules of Criminal Procedure, and the deletion of the proviso of Article 42 in Part 3 shall be corrected in accordance with Article 25(1).