야간건조물침입절도
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the punishment prescribed by the court of the original judgment (two years of suspended sentence of imprisonment for four months) is too unfilled and unfair.
2. Although the defendant's liability for the judgment is not against the law, the defendant's criminal records of the same kind of fine are not imposed against him/her, the defendant's confessions and reflects his/her crime, and the amount of damage is small, and the victim does not want the punishment of the defendant.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too uneasible and unfair.
3. As such, the prosecutor’s appeal is not reasonable, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.