The prosecutor's appeal is dismissed.

1. The punishment sentenced to the accused (two years and six months of imprisonment) shall be too unhued and unjust;

2. The crime of this case is deemed to have committed the larceny by taking the victims under the influence of alcohol, and the crime of this case is very heavy in view of the nature and circumstances of the crime.

In addition, even though the defendant was already sentenced to seven times of punishment and three times of fine due to the same crime, the same crime of this case has been repeatedly committed.

On the other hand, however, the defendant is against his or her duty to recognize his or her mistake.

The amount of damage is relatively large, and most of the damaged goods were returned to the victims.

In addition, the Constitutional Court made a decision that Article 329 of the Criminal Act is in violation of the Constitution (the Constitutional Court Order 2014HunGa16, 19, 23 (merged) dated February 26, 2015) among Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was applied in the judgment subject to the review of this case, and accordingly, the prosecutor changed the indictment to be a habitual larceny under the Criminal Act, the statutory penalty of which is minor.

In addition, considering the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendant’s age, character and conduct, environment, etc., as a whole, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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