2. In light of the overall sentencing conditions such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., when the Defendant intending to use the phone owned by the Defendant without the Defendant’s permission, the Defendant committed the instant crime in a contingent manner in the course of stopping the Defendant’s injury, the degree of suspension of qualification or more severe punishment, the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is unjustifiable and unreasonable. However, the prosecutor’s assertion is without merit, given that the Defendant’s punishment imposed by the lower court is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.