2. The judgment that the accused has the same criminal records, and that the accused repeats the same criminal records during the period of probation, is disadvantageous to the accused.

However, the restoration of damage caused by the return of the damaged goods, and the victim wanted to take the front of the defendant, and the crime of this case was committed by the defendant, who is a intellectual disability, just by the mind that the defendant wants to play a game, is favorable to the defendant.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and happiness environment, as indicated in the records and pleadings, the sentence imposed by the lower court is too uneasible and unreasonable.

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