The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

2. The summary of the instant crime is as follows: (a) around 13:22 April 202, 2020, the Defendant: (b) putting four ice cream equivalent to the total market value of KRW 3,500 in the ice cream display room at the “C” store, leaving out of it without calculating the amount of KRW 3,500; (c) putting the victim’s face to D (50 years of age) who is an employee; and (d) putting the victim’s face to the victim D (50 years of age). In order to escape from the victim, the Defendant abused the victim with approximately 10 times of drinking to escape; (d) walking the victim’s part on the part of the excessive victim, walking the property, stolen the property, and assaulting the victim for the purpose of evading arrest.

The defendant committed violence against the victim for the purpose of evading the arrest of the victim who discovered that the victim had escaped by theft of property, and discovered that the victim was the victim, and the nature of the crime is not good in light of the contents of the crime, the degree of the assault, etc.

However, the defendant shows his attitude to recognize and reflect all of his crimes, and there is no record of criminal punishment before this case.

The Defendant intended to steal four originally AS ice forest, and the amount of damage was insignificant, and paid the amount of damage.

In the first instance, the victim paid 1 million won in addition to the victim, and the victim did not want to punish the defendant.

The defendant seems to have been aware of the theft crime and have inflicted violence on the victim.

The defendant is receiving a long-term medical treatment after undergoing the examination of the injury and seems to require continuous medical treatment in the future.

In addition, considering the various factors of sentencing, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too uneasible and unfair.