The prosecutor's appeal is dismissed.

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the defendant has a record of punishment of fines and juvenile protective disposition for a total of three times as a single crime, etc., and that the defendant did not recover from damage and did not agree with the victim.

However, considering the fact that the Defendant led to the confession of the crime, and the amount of damage is not so significant, and all of the sentencing conditions stated in the pleadings of the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 70 of the Criminal Act). However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add it ex officio pursuant to Article 25(1)