The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

1. The sentencing of the lower court (two months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Determination on the grounds for appeal

A. In light of the fact that the Defendant committed the larceny of this case even though he had been punished twice due to the same crime, it is not very good that the crime is committed.

B. Meanwhile, there are favorable circumstances to consider, such as the fact that the Defendant was not sentenced to punishment, and the Defendant led to the confession of the crime of this case, and the victim did not want the punishment of the Defendant under an agreement with the victim D.

In addition, considering the Defendant’s age, family relation, living environment, relationship with the victim, the circumstances and result of the crime, and all of the sentencing conditions stated in the instant pleadings, such as the circumstances after the crime, the sentence of the lower court is adequate.

3. The victim D asserts that the defendant applied for a compensation order in the amount of 6,300,000 won for the larceny damage.

However, it is not reasonable to grant a compensation order because it is not clear whether or not the victim is liable for compensation by agreement with the defendant, and it is not the victim directly related to the withdrawal of the automatic payment machine.

4. The prosecutor's appeal of conclusion is without merit and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The application for compensation order by the applicant for compensation is dismissed in accordance with Article 25 (3) 3 and Article 32 (1) 3 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.