2. A judgment is an unfavorable circumstance that the Defendant committed the instant crime during the same repeated crime period even though he/she had been already punished several times for the same crime.

On the other hand, the defendant seems to have committed the crime of this case as the disabled of Grade III with intellectual disability, and it seems that the thief crime was committed, and there was no property damage due to attempted larceny, and that the defendant divided and reflected the mistake.

In full view of these factors, there is no such circumstance as the court’s determination of the sentencing exceeded the reasonable bounds of its discretion or the court’s maintenance of the judgment of the court below is deemed unfair.

In addition, even if the circumstances and results of the instant crime, the Defendant’s age, character and conduct, environment, etc. are considered after the instant crime, the sentence of the lower court is deemed inappropriate because it is too unreasonable.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.