The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years and six months of imprisonment) against the Defendant is too uncomfortable and unfair.

2. It is desirable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared with the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the sentence of the first instance judgment falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the first instance judgment.

Considering favorable circumstances, such as the fact that the Defendant had been punished for larceny several times, the Defendant committed the thief in this case under the same veterinary method after being released from the prison for two years, the injury was not recovered, and the victims wished to punish the Defendant, but the Defendant’s confessions and reflects the Defendant, and the amount of damage was not much 3,783,00 won in total, the Defendant’s imprisonment within the scope of the recommended punishment (two years to four months) on the sentencing guidelines (two years to five months), and the lower court’s sentence imposed on the Defendant for two years and six months cannot be reversed.

shall not be deemed to exist.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.