The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal (one year and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. On August 9, 2012, the Defendant had a record of criminal punishment including punishment for the same crime, and committed each of the instant crimes again without being aware of the fact that he/she was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Larceny) in the Daegu District Court’s Ansan Branch of the Daegu District Court on August 9, 2012.

In light of the above criminal records of the defendant and the contents and frequency of each of the crimes in this case, the necessity for strict punishment of the defendant is recognized.

However, it seems that the defendant does not commit a second offense after recognizing the error of crime, and it seems that the crime of this case is against the depth of prison life for a considerable period of time.

There was a decision of unconstitutionality by the Constitutional Court on the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the defendant, and accordingly, the review has commenced, and the prosecutor changed the indictment to the indictment for habitual larceny under the Criminal Act which is more severe than the statutory penalty

Considering the above purport of the unconstitutionality decision, and comprehensively taking account of all the sentencing conditions shown in the records and arguments, such as the Defendant’s age, character and conduct, environment, etc., the sentence imposed by the court below cannot be deemed unreasonable as it is too unfortunate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.