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The prosecutor's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court (two years of imprisonment, three years of suspended execution, observation of protection, and forty hours of order to attend a lecture) is too uneasy and unreasonable.
2. The crime of fire prevention of this case was committed against the Defendant’s attempted to fire the store building in which the Defendant lives at night, and such crime of fire prevention is highly likely to cause enormous damage to the people and property in the building, and the Defendant committed the theft of this case two times at night, and there is no suspicion from the victims of the larceny.
On the other hand, the following are the circumstances: (a) the Defendant divided his mistake into two parts; (b) the crime of fire prevention was committed, and the actual damage was not caused to the attempted crime; (c) the amount of damage to the larceny was relatively minor or attempted; (d) the Defendant agreed with the victim of the crime of fire prevention; (c) the victim does not want the punishment against the Defendant; (d) the Defendant, alone, lives outside and living together by himself, appears to have reached an contingent crime in the state of drinking; (d) the Defendant did not have the same criminal history, and there was no record of criminal punishment heavier than that of the Defendant.
In full view of the various conditions and the sentencing guidelines established by the Supreme Court’s sentencing committee, including the Defendant’s age, criminal records, sexual conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc. together with these circumstances, it cannot be deemed unfair to the extent that the Defendant’s sentence imposed by the court below is too unhutiled and reversed.
The prosecutor's assertion is without merit.
3. Since the appeal by the public prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.