The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a punishment of five years of imprisonment, a fine of 300,000 won, confiscation) imposed by the court below is too unfased and unreasonable.

2. The Defendant, as a person who has been punished several times of imprisonment with prison labor due to theft and other crimes, committed the instant larceny and bodily injury, etc. since ten months have not passed since the completion of the execution of imprisonment with prison labor due to larceny.

In that the defendant prepared the criminal tools such as military prosecutor, hearing tape, etc., using them, and prepared and led the preparation for and execution of the crime, such as compulsory listing of the entrance, suppression of the victim's resistance, etc., the nature of the crime is not easy.

The defendant was unable to reach an agreement with the victims of the instant accident, including the victim of robbery, up to the time of the trial.

However, the Defendant made a confession of all the crimes of this case and is in profoundly against the Defendant.

In particular, even though the victim of the crime of injury by robbery in this case was injured by the military autopsy, it seems that even if the victim's statement was based on the victim's statement, the degree of injury seems to have occurred between the defendant and the victim's body fighting and the victim's body fighting.

It does not seem that monetary damage due to each of the crimes of this case is significant, and some damage was recovered, such as theft, temporary return, etc. to the victim.

In addition, considering the character, conduct, environment, circumstances, and result of the crime committed by the defendant, all of the sentencing conditions in the case, such as the circumstances after the crime, the punishment of imprisonment with prison labor for five years as determined by the court below is not determined to be unfair because it is too unreasonable and too unreasonable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.