상습야간주거침입절도
The prosecutor's appeal is dismissed.
1. The sentencing of the lower court (one year of imprisonment, three years of suspended execution, and two years of probation) is deemed to be too unhued and unfair.
2. Determination
A. In light of the fact that the defendant habitually stealss money and valuables of the victims or commits a crime that is not good for the attempted crime, and that there are previous cases, it is necessary to punish the defendant strictly.
B. Meanwhile, there are extenuating circumstances, such as the fact that the Defendant did not have been sentenced to a sentence, led to a confession and reflect on the crime, agreed with the victims, or made efforts to recover the damage by depositing or repaying the amount equivalent thereto.
In addition, considering the Defendant’s age, family relation, living environment, circumstances, results, and circumstances after the crime, the sentence of the lower court is adequate.
3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.