2. The judgment of the defendant has the record of being punished three times for the same crime, and the fact that the defendant was not aware of the period of suspension of execution for the same crime and went to the crime of this case is disadvantageous to the defendant.

However, considering the fact that the defendant deposited 70,000 won for the victim, the defendant's mistake, except for a part of the theft amount, recognized and against himself/herself, and that the defendant has the time to reflect his/her behavior through the life of confinement for about four months, and other circumstances mentioned in the arguments of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., the prosecutor's assertion is not acceptable, since the court below's punishment is too unfeasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.