특정범죄가중처벌등에관한법률위반(절도)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and four months of imprisonment) is deemed to be too unhued and unfair.
2. The judgment includes three or more times of imprisonment with prison labor, and there are circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the larceny again during the period of the same repeated crime and the fact that the injury has not been fully recovered. However, considering the following circumstances: (a) the Defendant erred; (b) the victim F recovered damaged goods and does not want to be punished; (c) the Defendant partially stolen goods as a basic daily life recipient are household goods; and (d) the Defendant’s age, sexual behavior, environment, and scale of damage (a total of KRW 4.140,00), it cannot be said that the lower court’s punishment is too unjustifiable and unfair.
Therefore, the prosecutor's improper argument of sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.