The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

It is an unfavorable sentencing factor that the defendant has a criminal record in the same way and commits the crime of this case without being aware of it even though it is a repeated crime period.

However, considering the following as a whole: (a) the Defendant’s mistake is against the Defendant; (b) the value of the stolen object is not so significant; and (c) the victim does not want punishment against the Defendant by mutual consent with the victim; and (d) other factors of sentencing indicated in pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) various factors of sentencing indicated in the arguments, such as the circumstances after the instant crime; and (c)

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.