야간건조물침입절도미수등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable in that the sentence of ten months of imprisonment with prison labor imposed by the court below on the defendant, two years of suspended execution, and probation is too unfased.
2. Each of the instant offenses is acknowledged as having been committed by the Defendant who intruded on a church to steals property during the daytime and at night, but failed to commit such act, or stolen the property owned by the victim H, and the case is not easy in light of the method of crime, etc., and has been punished several times due to theft, intrusion upon residence, etc.
However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses, thereby against his mistake; (b) the degree of damage is relatively minor; (c) the disabled of class 3 of intellectual disability is not healthy; (d) there is a family member to support the Defendant, such as a parent of the aged who suffers from dementia, whose health is not good due to the suffering of dementia; (b) the senior satisfeing the Defendant, and the senior satisfe the Defendant’s satisfe the Defendant; and (c) other circumstances, including the Defendant’s age, environment, occupation, family relationship; (d) the circumstances leading to the instant offense; and (e) the circumstances after the instant offense, etc., the lower court’s punishment cannot be deemed unfair as it is deemed unreasonable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal 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.