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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair form of punishment) of the lower court (one year and six months of imprisonment) is deemed to be too uncomfortable and unfair.
In light of the content, motive, means, method, etc. of each of the crimes of this case, the crime is not good, and the defendant committed each of the crimes of this case during the period of repeated crime due to special larceny, etc., and even in addition, the criminal records of larceny or special larceny and juvenile protective disposition can be used, there are circumstances unfavorable to the defendant.
However, considering the fact that the amount of damage to the victim R caused by the larceny is not much and part of the damage was recovered, the defendant's mistake is recognized and reflected, and all other circumstances that form the conditions for sentencing as indicated in the instant case, the lower court's sentencing cannot be deemed unfair because it is too uneasible.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.