The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal is deemed to be too unhued and unfair.

2. The judgment was based on the following facts: although the defendant could have been punished for the same kind of crime, and most of the damages have not been recovered, the defendant is found not to have committed the crime of this case in depth and not repeat again through his prison life for a considerable period of time (a year and four months), the defendant was found to have rendered a decision of unconstitutionality by the Constitutional Court as to the corresponding provision of the crime of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes, which was originally applied to the defendant, and the defendant was punished for habitual larceny under the Criminal Act more severe criminal punishment through retrial, and the court below already decided a sentence by considering the purport of the decision of unconstitutionality. When determining a punishment for the crime of this case, the court below should consider equity with the case where the judgment becomes final and conclusive, the defendant's age, career, and all other matters concerning the sentencing specified in the records and arguments of this case, and thus the 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.