The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (500,000 won in penalty) that the court below declared is too unhued.

2. The judgment of the Defendant is favorable for the following reasons: (a) the confession of the instant crime; (b) the amount of damage to the instant crime is a small amount; and (c) the victim expressed his intention not to punish the Defendant in an investigative agency.

However, the Defendant had a record of having been punished several times for the same crime, and in particular, on July 23, 2015, the Daegu District Court sentenced eight months of imprisonment for the same crime, and on August 16, 2016, upon the completion of the execution of the sentence, committed the instant non-ranking crime on the day of release without being aware of the fact that the Defendant committed the instant crime; the Defendant appears to have been repeatedly committed the same crime; and the risk of re-offending appears to have been high; the Defendant appears to have not experienced any particular awareness of the crime in connection with the instant non-ranking crime.

The fact that it is not visible is an unfavorable situation.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, and all of the sentencing conditions as shown in the instant records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is deemed unfair and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is identical to the facts stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is prior to the order of provisional payment.