The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment is disadvantageous to the Defendant, who was sentenced to a fine of one million won due to larceny, repeated the instant crime only for three months, including suspended execution, and that there are three times the previous departments including suspended execution.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared to the court below on the grounds that new sentencing data have not been submitted in the court below. The defendant received hospitalization for three months due to a mental fission, etc., and such mental disorder appears to have affected the crime of this case, the amount of damage is very minor and most recovered, the victim is not subject to punishment against the defendant, and other circumstances, including the following circumstances, character and behavior, the defendant's character and environment, age, etc., as well as the conditions of sentencing specified in the records and arguments, are considered as inappropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.