Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. There are extenuating circumstances that can be considered favorably, such as the confession and reflection of the defendant, the number of crimes committed by the defendant is over three times, and the amount of damage is not much significant.
However, considering various sentencing conditions, such as the Defendant’s age, character and behavior, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the sentence imposed by the court below is too heavy or unreasonable, in light of the following factors: (a) the Defendant committed the crime in this case during the period of repeated crime due to the same crime; (b) the same business establishment repeatedly committed the crime; and (c) the agreement with the victim or the failure to recover from damage.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.