2. It is recognized that the Defendant was sentenced to suspension of indictment for larceny on or around March 2015, and that he/she had the record of being punished by a fine for larceny on or around June 2015.

However, the crime of this case was derived from the Defendant’s neutism and larceny, and the Defendant started to undergo regular treatment from the end of 2016 to the present time, and there seems to be no substantial risk of re-offending, and the Defendant’s mother also shows an active intention in the Defendant’s treatment.

In addition, in full view of the following: (a) the amount of damage caused by the instant crime (30,00 won) and the Defendant’s efforts to become a sincere social person by finding employment around November 2016; and (b) the terms and conditions of all the sentencing specified in the records and arguments of the instant case, including the Defendant’s age, sex, environment, etc., the sentence imposed by the lower court cannot be deemed unfair, as it is unfasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.