2. The judgment is recognized that the Defendant already committed the instant crime during the period of the suspension of the execution of punishment for larceny, including one time of the suspension of the execution of imprisonment with prison labor for a total of ten times. In particular, on April 14, 2018, a judgment of the suspension of the execution of imprisonment with prison labor for larceny became final and conclusive in October, 2018.

However, it is also recognized that the defendant recognized the crime of this case, the total amount of damage in this case is relatively not more than 40,000 won, the total amount of theft goods are returned to the victim, and if the sentence in this case is finalized, the defendant is additionally sentenced to 10 months of imprisonment, which is suspended, and this seems to be very harsh to the defendant in light of the nature of the crime of this case, and the defendant is a disabled person of class 3 of speech disability by undergoing a sexual rupture operation.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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