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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.
2. It is recognized that the defendant had been already punished 13 times for the same crime, and that he/she committed the instant crime without being aware of the fact that he/she had committed the instant crime even during the period of repeated crime due to the same crime.
However, in full view of the following factors: (a) the Defendant has led to the confession of all of the instant crimes; (b) the damaged goods from the instant crimes were recovered to the victim; (c) the Defendant’s payment of the agreed amount to the victim that the victimized person would not want the Defendant’s punishment; (d) the Defendant’s health condition was not good; and (e) there was no special circumstance or change in circumstances that may newly be considered in sentencing in the trial; and (e) other factors of all the sentencing indicated in the instant records and pleadings, including the Defendant’s character and conduct, family relationship, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentencing was conducted within the reasonable scope of discretion; and (e) it cannot be deemed unfair
Therefore, the prosecutor's improper argument of sentencing is not accepted.
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 without merit. It is so decided as per Disposition.