The prosecutor's appeal is dismissed.

The decision of the court below on the grounds of appeal is unfair because the punishment (five million won in penalty) imposed on the defendant is too unhutiled.

Judgment

In the past, the Defendant had been punished several times due to the crime of fraud by the former, and committed the crime of this case during the period of probation of imprisonment with prison labor due to the crime of the same law.

However, the amount of damage in the instant case is relatively minor, and the mother of the Defendant repaid the amount to the victim on the following day of the instant crime.

This case is due to the defendant's wrong drinking habits or alcohol dependence, and it seems somewhat harsh to sentence the defendant in light of all the circumstances.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.