특수절도등
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of the grounds for appeal 1) Defendant’s punishment (three months of imprisonment) is too unreasonable.
2) The Prosecutor’s sentence is too unhued and unreasonable.
2. The lower court sentenced the Defendant to three months of imprisonment in consideration of the circumstances unfavorable to the Defendant and favorable circumstances.
In full view of the following factors: (a) the sentencing conditions at the trial; (b) the Defendant committed the instant crime during the period of suspension of execution, and, in particular, the Defendant, while committing the instant crime during the period of suspension of execution, should consider equity in the case of the judgment at the same time as the crime of fraud, etc. as indicated in the judgment of the court below which became final and conclusive;
There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.
In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too heavy or unbrupted.
Therefore, both prosecutor and defendant's assertion are without merit.
3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.