No, it was and is a crime. Breaking into someone's email is a crime. It's not a prank or a joke. If he did it to "gain acceptance", then I'm sure he'll be happy to make lots of new friends in prison.
The fact that his own lawyer admits that he's an idiot doesn't help his case any. If he's so stupid as to not know that breaking into someone's email is a serious crime, he needs to be in prison for his own protection. Anyone that dumb is at constant risk of sticking their tongue in every outlet they walk past.
He need to serve prison time. Had someone posted private info on Obama that put his family at risk the media would have already condemned the person without a trial.