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The prosecutor's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.
Judgment
It is an unfavorable sentencing factor that the defendant has a criminal record in the same way and commits the crime of this case without being aware of it even though it is a repeated crime period.
However, considering the following as a whole: (a) the Defendant’s mistake is against the Defendant; (b) the value of the stolen object is not so significant; and (c) the victim does not want punishment against the Defendant by mutual consent with the victim; and (d) other factors of sentencing indicated in pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) various factors of sentencing indicated in the arguments, such as the circumstances after the instant crime; and (c)
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.