절도등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service order 160 hours) of the lower court is deemed to be too uneasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.
The circumstances alleged by the prosecutor on the grounds of appeal are already considered in the sentencing process of the lower court, and there are no new changes in circumstances that could change the sentence of the lower court in the trial.
In addition, when comprehensively taking into account the sentencing conditions, such as the Defendant’s age, frequency of the crime, degree of damage, circumstances after the crime, and criminal records, etc., it cannot be deemed unfair because the sentence exceeds the reasonable scope of discretion imposed by the lower court or is too low.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.