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All of the appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (for defendant A, 8 months of imprisonment, 2 years of suspended sentence, 150,000 won of fine, 1 year of probation/Defendant B: Imprisonment with prison labor for one year and two months of suspended sentence, 2 years of suspended sentence, 3 years of probation/Defendant C: Imprisonment with prison labor for four months of suspended sentence, 1 year of suspended sentence, 1 year of probation, 3)
2. The crime of this case requires strict punishment for the Defendants in light of the following: (a) the Defendants, together with or without a driver’s license, stolen or attempted to steal property by destroying or entering the locking devices of the stores by Defendant B; (b) the Defendants driving a vehicle or motorcycle without a driver’s license; and (c) the Defendants’ nature of the crime is significant in light of the method of crime, content, frequency, and consequence; (d) the Defendants did not take any particular measures to recover damage; and (e) the Defendants had the record of receiving juvenile protective disposition several times due to the theft or unlicensed driving.
However, there are extenuating circumstances for the defendants to be considered favorable to the defendants, such as the confession of the crime of this case and the mistake against the defendants, the defendants are yet aged juveniles, and the defendants have no record of criminal punishment. Considering all the above circumstances and all other factors of sentencing specified in the arguments of this case, such as character and behavior of the defendants and family environment, it is not recognized that the sentence of the court below is too unreasonable.
Therefore, prosecutor's assertion is not accepted.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.