The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (6 million won of a fine) declared by the court below against the defendant is too unfluent.

2. It is recognized that the Defendant again committed the instant crime during the period of repeated crime for which the term of punishment was not terminated or about four months passed, and that the Defendant was also punished for property crimes, such as embezzlement, fraud, larceny, etc., and that the Defendant did not agree with the victim until the Defendant was in the trial.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the instant crime was committed once, and the damaged goods were only one time, and thus cannot be said to be more severe in the case; (c) the foregoing smartphone can be deemed as having been returned to the victim and the damage was recovered; and (d) the Defendant’s environment, family relations, the background leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be excessively unjustifiable and unreasonable.

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