The prosecutor's appeal is dismissed.

1. The gist of the prosecutor’s appeal (unfair sentencing) is that the instant crime was committed by driving a car owned by the victims, etc. on which the Defendant was parked, and it is not good to commit the instant crime, and that the Defendant had a record of criminal punishment for the same kind of crime, etc., the sentence of the lower court that sentenced three months of imprisonment is too uneasible and unreasonable.

2. The fact that the Defendant recognized the mistake of the Defendant, and the Defendant’s judgment was finalized on April 14, 2017, by being sentenced to 10 months of imprisonment with prison labor from a person who was sentenced to larceny on April 22, 2017, and the judgment became final and conclusive on April 22, 2017. The crime of this case, for which the instant crime and the judgment became final and conclusive, should take into account the equity with the case to be judged at the same time in the relationship of concurrent crimes after Article 37 of the Criminal Act. In full view of the Defendant’s age, sex, environment, motive and background of the crime, degree of damage, circumstances after the crime, etc., the lower court’s punishment is too unjustifiable even if considering the circumstances alleged in the grounds of appeal in the instant case and all of the sentencing specified in the pleadings, and thus, the

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.