절도등
The prosecutor's appeal is dismissed.
The victim of the seized evidence Nos. 6 through 8 in the text of the judgment of the court below.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment, and probation) is too uneased and unreasonable.
2. In light of the following: (a) there is no new circumstance or special change in circumstances that may add the sentencing after the pronouncement of the lower judgment; (b) the Defendant appears to have committed a crime in the first offense and difficult situation that is not adaptable to urban life; and (c) it is difficult to deem that the family’s leading will is highly likely to repeat again after returning to the Republic of Korea; (d) the implementation of social treatment through probation; and (e) various sentencing conditions specified in the circumstances and records revealed by the lower court’s decision, the lower court’s punishment cannot be deemed to have exceeded the reasonable scope of discretion, and thus, the Prosecutor’s aforementioned assertion is without merit.
3. According to the general list of seized articles, the judgment of the court below is clearly omitted in the text of the judgment of the court below from the omission of “1. Return of a victim and Article 333(1) of the Criminal Procedure Act” in the application of the law and “Article 25 of the Rules on Criminal Procedure”. Thus, it shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.
4. The prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the prosecutor's appeal is without merit.