The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because it is too unfasible to imprisonment (four months).

2. The instant crime committed by the Defendant committed the instant crime by intrusion upon another person’s residence at night, and the Defendant, even though having been sentenced to imprisonment several times with prison labor, went to the instant crime even though he/she was sentenced to imprisonment with prison labor, and the nature of the instant crime is not minor, and the instant crime itself is highly dangerous. In light of the fact that the instant crime is in itself, it is necessary to punish the Defendant strictly.

However, in full view of the following: (a) the Defendant recognized the instant crime; (b) all of the instant crimes were committed against the Defendant; (c) the victim did not want to punish the Defendant; (d) the Defendant did not have any record of having been punished for the same kind of crime since 2010; and (e) other various circumstances, such as the Defendant’s age, sex, motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable.

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.