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

Judgment

The fact that the defendant committed the crime of this case even though he had the same criminal record is an unfavorable sentencing factor.

However, considering the following as a whole: (a) the Defendant’s mistake is against himself/herself; (b) the theft amount is not so significant; and (c) the Defendant agreed with the victim, which is a favorable factor for sentencing; and (d) other factors for sentencing as indicated in pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; and (c) the Defendant’s age, character and conduct, environment, etc., the Prosecutor’s assertion is without merit.

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.