야간건조물침입절도
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that of the lower court’s punishment (six-month suspended sentence) is too unhued and unreasonable;
2. The Defendant, at night, does not constitute a crime by cutting down cash of KRW 100,000 by intrusion on coffee points.
However, the defendant shows a relatively small amount of damage, which was agreed with the victim, and there is no criminal power.
In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it illegal.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.