절도등
The prosecutor's appeal is dismissed.
1. The prosecutor of the gist of the grounds for appeal asserts that the punishment sentenced by the court below (two years of suspended sentence in eight months of imprisonment and two years of probation) is too unhued and unreasonable.
2. The crime of this case is a case where the defendant invadedd the victim's residence and stolen the property. It is recognized that the defendant had been punished twice due to the same kind of crime in the past.
However, considering the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the damage from the instant crime is not relatively heavy; and (c) high-priced damage items, such as digital camera and MP3, were returned to the victim; and (d) the victim reimburses the victim of KRW 1350,000 and agreed smoothly with the victim; and (b) there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower judgment was rendered; (c) the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime; and (d) the circumstances constituting the conditions for sentencing as indicated in the present argument and the record, it is not recognized that the sentence imposed by the lower court is unreasonable
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.