The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable as it is too unfasible that the sentence (a fine of KRW 4,000,000) imposed by the court below against the defendant is too unfased.

2. The judgment of the Defendant is a person who has been sentenced to two times the suspended sentence of imprisonment with prison labor or four times the fine due to larceny as in the instant case, and in particular, on May 31, 2012, the Defendant was sentenced to two years the suspended sentence of imprisonment with prison labor for larceny and on June 8, 2012, which became final and conclusive on June 8, 2012, and again committed the instant crime again within five months after the sentence was sentenced to the suspended sentence. However, there are unfavorable circumstances to the Defendant, such as the Defendant’s mistake, the Defendant recognized his fault, the damage amount caused by the instant crime is not significant, the victim expressed his intent that he does not want the Defendant’s punishment in consideration of the Defendant’s living conditions, and other factors that constitute the conditions of sentencing as indicated in the records, such as motive and circumstance leading to the instant crime, the Defendant’s age, character, character, environment, occupation, and family relation, etc., it cannot be deemed that the sentence of the Defendant is too unfair.

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.