The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the penalty (one million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. Determination of each of the instant crimes is that the Defendant steals only one cellular phone when galloning in an amount equivalent to KRW 290,000 at the market price on February 18, 2016. On February 27, 2016, each of the instant crimes was committed by thefting a vinyl paper containing one of the gallon phones in an amount equivalent to KRW 120,000 in cash and the market price on February 27, 2016. In light of the applicable law, frequency, damage amount, etc., the offense was not good; the Defendant was punished for larceny, including two times of punishment, up to 15 times, and the Defendant committed each of the instant crimes, even though he/she was sentenced to a suspended sentence of imprisonment for larceny on May 12, 2015 and again committed each of the instant crimes on August 12, 2015.

However, the fact that the defendant committed each of the crimes of this case in contingency, and that most of the damaged goods except the part of cash consumed by the defendant were recovered, and that the victims do not want the punishment of the defendant, that the defendant suffers from depression, and is currently being hospitalized in the mouth of the present so that health conditions are not good, and that he is living in the apartment environment as a source of apartment environmental U.S., and that the second grade intellectual disability of the second grade intellectual disability is between 20 and 50 (mental age 2 to 6) with intelligence and social well-being, and can train simple behavior in daily life, and have a complicated occupation when he receives supervision and assistance to a certain extent.

In full view of the fact that a report is about a child who is a disabled person, and the fact that it seems somewhat harsh to invalidate the existing suspended sentence by sentencing imprisonment with prison labor for the accused, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, the sentence of the court below is somewhat weak.