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The prosecutor's appeal is dismissed.
Reasons
1. In light of the following circumstances: (a) the method of the crime was inferior, such as false move-in report, etc., to deceiving the victim of the public prosecutor’s assertion of unfair sentencing; (b) the Defendant was not in compliance with the law of the crime; (c) the Defendant concealed materials immediately after the crime; (d) did not endeavor to recover damage; and (e) the Defendant had several records of criminal punishment for the same kind of crime; (d) on the other hand, the victim paid and recovered the vehicle to the vehicle custodian (the victim paid the vehicle in advance to the Defendant) and collected the vehicle; and (e) other favorable circumstances, including the Defendant’s age, character and behavior, environment, circumstances before and after the crime; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, and circumstances before
2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.