The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for four months and one year of suspended execution) declared by the court below is unreasonable.

2. The crime of this case committed by the Defendant by intrusion upon the victim’s residence at night, and thus, the nature of the crime was not good. The crime of this case was committed repeatedly at the time of the crime of this case, and the fact that the investigation and trial procedures were negligent and the circumstances after the crime were poor is unfavorable to the Defendant.

On the other hand, considering the equity in the case where the judgment was rendered simultaneously with larceny, etc. as the judgment became final and conclusive, the damage seems to have been fully returned, and the defendant appears to have committed the instant crime due to mental health problems, such as depression, and the frequency of the crime was committed once, etc., which are favorable to the defendant. In light of the above circumstances and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, motive, means, and result, etc., the sentence imposed by the court below is too unjustifiable, and it cannot be deemed unfair.

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.