2. The fact that the judgment defendant has a record of criminal punishment of fines only once for the same crime, and that the failure to recover damage is disadvantageous to the defendant.

However, in full view of all the circumstances that are the conditions for the sentencing of this case as shown in the process of trial and records, including the fact that the Defendant recognized the crime of this case, the theft amount is relatively small amounting to 38,000 won, the fact that there is no record of criminal punishment heavier than imprisonment without prison labor, and the Defendant’s age, sex, criminal conduct, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the prosecutor’s above assertion is without merit.

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