특수절도
The prosecutor's appeal is dismissed.
1. The instant crime of determining the grounds for appeal is a matter of cutting down the USB inside the victim’s vehicle by removing the entrance lock at night and impairing the residence, thereby cutting down the height, walling, key to the vehicle, etc. of the victim’s vehicle by using the key to the said vehicle, and the commission of the crime is not easy in light of the method of the crime and its risk, and there are no circumstances to deem that the Defendant did not reach an agreement with the victim until the trial was in progress, and that the Defendant took measures to recover from damage.
However, in light of various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relationship, means and consequence of the crime, and circumstances after the crime of this case, the Defendant’s punishment (ten months of imprisonment, two years of suspended execution, one year of probation) is too uneasy, and thus, cannot be deemed unfair.
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.