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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) is too unhued and unfair.
2. The crime of this case is deemed to undermine the legislative intent of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, which aims to protect citizens from specific crimes, by taking additional measures to attach a location tracking device to a person who has committed a specific crime after the completion of the term of punishment for preventing recidivism. The crime of this case is deemed to have a significant nature of such crime; the Defendant repeatedly committed the crime of this case even though he was already punished due to a crime that has damaged the electronic device, and is the period of repeated crime, etc. that is disadvantageous to the Defendant.
However, taking into account the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant’s health is not good; (c) the Defendant informed the probation officer immediately before the instant crime that he/she had difficulties in adaptation to society; and (d) the Defendant did not proceed to additional crimes; and (c) the Defendant’s age, character and conduct, environment, family relationship, means and result of the instant crime; and (d) other various circumstances that form the conditions for sentencing specified in the records and arguments, such as the circumstances after the crime, etc., it is difficult to deem that the sentence imposed
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.