The prosecutor's appeal is dismissed.

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (six months of imprisonment) is too unfluent and unfair.

Judgment

On July 21, 2017 and the 29th day of the same month, the Defendant boarded the KTX trains, which were waiting in the atmosphere, and stolen the garment, etc. from the clothes of passengers with the seat of the passengers.

The defendant is a medical care protection physician, but the defendant has committed a crime to raise money to receive dental treatment because he/she does not leave his/her work for him/her, which is committed.

statement is made.

The defendant has a revenue of KRW 2 million from KRW 1 million per month to the care protection company, and there is no revenue from the field of the law, such as summer and winter.

It is a stateless student who grow up as a high-income student and is currently unmarried.

In the past, the Defendant provided a false statement stating that he/she was entitled to medical care protection (Evidence 52,56,82 of the evidence record). The Defendant repeatedly committed the instant crime, despite the past history of imprisonment three times of theft, attempted larceny, or special larceny (Crime 2001, 2002, and 2006), one time of suspended sentence of imprisonment (199), three times of fines (2 times of 2016, 2017, and once of 2017).

However, the defendant reflects his fault.

In light of the defendant's statement, etc., it appears to be a living crime.

The risk of the victim's body was relatively low due to the theft of abandoned water.

In relation to the crime on July 21, 2017, the victim repaid the amount of KRW 1.70,000 to the victim. On the 29th day of the same month, the victim discovered and recovered the damaged goods from the guest toilet (see evidence records 14, 34, 63-65, the provisional return on the total list of seized articles). The scope of recommendation according to the sentencing guidelines is from January to September.

Each category of larceny [Scope of Recommendation] The mitigation area (one to six months) of the mitigation area (one-six months) for general property (one-one-half month) (special mitigation person) for the purpose of deviating from the household's poor living environment, medical expenses, school expenses, etc. (the sentencing criteria in 2017).