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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unfasible.
2. It is recognized that there is a serious social harm caused by the distribution of stolen cell phones, and that the Defendant appears to have acquired stolen goods even in the course of undergoing an investigation due to the arrangement of stolen goods, and that the crime is not less and less than the nature of the crime.
On the other hand, however, the fact that the defendant recognized the crime of this case, that there was no record of punishment for the defendant as stolen crime, that most of the stolen cell phones acquired by the defendant was returned to the victims, that additional damage was caused by handphones distributed by the defendant was not submitted, that the court below did not consider all these, and it appears that the court below imposed the community service order and determined the punishment by imposing the community service order, that the defendant was detained for 45 days due to the crime of this case, and that the time of reflect was paid. In addition, considering all of the sentencing conditions shown in the argument of this case such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, the sentence imposed by the court below is too unjustifiable, 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 as it is without merit. It is so decided as per Disposition.