2. The instant crime was committed by the Defendant, who tried to steals the property of another victim who was listed on an expressway bus stopped at the parking lot for the rest area of the expressway, but was discovered to the victim and attempted to commit the instant crime. The Defendant had been punished seven times in the past (including a person before his/her death and four times). The Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court on October 9, 2009, and was sentenced to three years for a concurrent offense on August 20, 2012, and again committed the instant crime during the period of repeated offense after the execution of the said punishment was completed.

However, in full view of the following circumstances: (a) the Defendant recognized the entire commission of the instant crime and reflects it; (b) the Defendant did not have any substantial damage on the attempted crime; (c) the Defendant did not want the Defendant’s punishment by mutual consent with the victim; (d) the Defendant was detained for about two months; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the sentencing conditions specified in the records and pleadings, including the circumstances after the commission of the crime, etc., it is difficult to deem that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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.