Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.
2. The act of transferring an access medium, such as the instant crime, is an act that facilitates various criminal acts, such as a single scaming, and there is a need to strictly punish and eradicate it, the Defendant’s access medium was actually used for the criminal act of using it, causing damage, and the Defendant lost a physical card stored in the vehicle in the process of the police and prosecutor’s investigation several times.
The fact that a person was trying to be exempted from punishment by making a false statement, such as assertion, is disadvantageous.
On the other hand, the fact that the defendant recognized the crime of this case in the court below and reflects his mistake, that the defendant has no record of criminal punishment except for those sentenced to a fine of KRW 5 million in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in 2013, that there is no record of criminal punishment, that the defendant's economic situation is not good, and that the defendant is living as a sincere member of society without re-offending
In full view of the above circumstances and all other factors of sentencing as indicated in the pleadings of this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too uneasy and unreasonable.
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 prosecutor's appeal is without merit. It is so decided as per Disposition.