특정범죄가중처벌등에관한법률위반(절도)등
The prosecutor's appeal is dismissed.
A prosecutor asserts, on the grounds of appeal, that the lower court’s punishment (two years of imprisonment) is too unfluent and unfair. However, in full view of the following factors: (a) the Defendant’s criminal history and reflectivity; (b) the background leading to the instant crime; and (c) the intent of the Constitutional Court’s decision on the constitutionality of the instant case, etc., the lower court’s sentencing has exceeded the reasonable bounds of discretion.
It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.
Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).