특수절도
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (one year and two months, and confiscation) of the lower court’s punishment is unfair because it is too unfilled (the prosecutor expressed his opinion that the Defendants should be punished by imprisonment with prison labor for four years). 2. Determination of the Defendants were punished several times as crimes of the same kind, and in particular, Defendant B is under repeated crime due to larceny.
However, the value of the stolen articles by the defendants is not significant as a total of 3 million won.
In addition, comprehensively taking into account all the sentencing conditions in the instant case, such as the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s punishment imposed on the Defendants is too uneasible and thus ought to be reversed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.