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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (two months of imprisonment, two years of suspended execution, and two years of probation) is too unhued and unreasonable.
2. The crime of this case is acknowledged that the Defendant stolen the bicycle that the Defendant had set up on the way, opened a door of the parked truck, and stolen it by cutting off the electric boomer inside it, in light of the method and content of the crime, etc., and the Defendant committed the crime of larceny, even though there was a past record of criminal punishment (two times of imprisonment, two times of suspended sentence of imprisonment, two times of suspended sentence of imprisonment, and one time of fine) from 2002 to 2014, the Defendant again committed the same kind of crime, and thus, the Defendant was not subject to the punishment for the crime of this case, and the Defendant was not able to recover the damage, and the Defendant was not able to receive from the victims.
However, the Defendant appears in the lower court’s attitude to recognize the instant crime and to reflect the mistake, and the amount of damage to the instant crime is relatively small, and the Defendant is currently aged 70 years and 71 years old at the time of the instant crime, and the Defendant’s living with his family members for a prolonged period of time seems to have significantly poor economic conditions and health conditions as he lives in a old-age, and other various sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and the circumstances after the instant crime, etc., are not recognized as being too unreasonable.
Therefore, the prosecutor's assertion of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.