The prosecutor's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unhued and unreasonable.

2. The Defendant, who has been punished for the same kind of offense, committed the instant crime during the period of repeated crime, and the Defendant was unable to receive a letter from the victim is an unfavorable circumstance.

On the other hand, the fact that the thief of this case was attempted and the actual damage was not incurred is more favorable.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since 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 ground that it is without merit. It is so decided as per Disposition.

(However, the application column of the judgment of the court below is clear that the "paragraph (1)" has been omitted after the "Article 331 (2) of the Criminal Act", and it is corrected to add it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.