Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The following are the circumstances unfavorable to the Defendant: (a) the Defendant: (b) committed an attempted crime by destroying a structure against many victims at night; (c) attempted to steal or steal a structure; (d) attempted to commit an unclaimed type of crime; and (e) attempted to commit an attempted crime; and (c) the nature of the crime cannot be deemed less in light of the means and results of the crime; (d) not agreed with the victims; and (e) had the history of having been punished several times for the same type of crime.

However, comprehensively taking account of the following: (a) the Defendant recognized his mistake and reflects; (b) there was no record of punishment exceeding a fine for the same kind of crime; (c) certain crimes were committed; (d) the amount of damage was limited to an attempted crime; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other various conditions of sentencing as indicated in pleadings, such as the circumstances after the crime, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by taking into account all the factors of sentencing specified in the oral proceedings in this case; and (d) there was no special change of circumstances that could change the sentencing of the lower court. Therefore

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.