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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (fines 5,000,000) is too unhued and unreasonable.
2. It is recognized that: (a) on May 23, 2012, the Defendant was sentenced to a fine of KRW 500,000 to the charge of larceny, fraud, and the violation of the Specialized Credit Financial Business Act at the Gwangju District Court on the same day; (b) on November 17, 2017, to imprisonment with prison labor for the same crime at the Jeonju District Court on the same day; (c) on June 7, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for the same crime at the Jeonju District Court on the same day; and (c) on October 21, 2018, the Defendant was released as a ruling to revoke detention from the military prison on the same day; and (c) on January 31, 2019 after the said ruling became final and conclusive and the execution of the sentence was completed; and (c) the Defendant committed each of the crimes in this case, which were the same crime during the period of repeated offense
However, on June 4, 2020, the court below submitted a written agreement with the victim D on May 29, 2020, which is the trial stage of the court below, to the court below. The mobile phone, which is the victim of larceny of this case, has been returned to D, and the amount of damage to the crime of this case has been relatively small amount of 9,600 won, the defendant faces difficulties in shocking with Grade III intellectual disability; the church member protecting the defendant is protecting and leading the defendant; the church member protecting the defendant wanting to protect and guide the defendant; and the defendant's age, character, conduct, environment and other sentencing conditions are considered as being too uneasible and unfair.
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.
[However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected that the second part of the judgment of the court below deleted "1. The previous records of the judgment: criminal records, etc.: a statement of inquiry, a copy of the judgment, and the status of personal confinement."